FY14 TRIAL COUNSEL SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING PLAN
Date Signed: 11/18/2013 | MARADMINS Number: 610/13
MARADMINS : 610/13
R 181817Z NOV 13
UNCLASSIFIED/
MARADMIN 610/13
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/FY14 TRIAL COUNSEL SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING PLAN//
REF/A/MSGID:  SECNAVINST 1752.4B//
REF/B/MSGID:  MCO 1752.5B//
REF/C/MSGID:  MARADMIN 586/13//
REF/D/MSGID:  MCO P5800.16A//
NARR/REF (A) IS SECNAVINST IMPLEMENTING THE SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM, REF (B) IS MCO IMPLEMENTING THE SAPR PROGRAM, REF (C) IS MARADMIN IMPLEMENTING SAPR TRAINING REQUIREMENTS, AND REF (D) IS MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION//
POC/M. D. SAMEIT/MAJ/JAD/TEL:  703-693-8955//
GENTEXT/REMARKS/1.  PURPOSE.  THE PURPOSE OF THIS MARADMIN IS TO ANNOUNCE THE FISCAL YEAR 2014 SAPR TRAINING PLAN FOR TRIAL COUNSEL AND LEGAL SUPPORT PERSONNEL.
2.  BACKGROUND.  SEXUAL ASSAULT IS A CRIMINAL ACT THAT IS NOT TOLERATED IN THE MARINE CORPS.  SEXUAL ASSAULT CASES ARE HISTORICALLY SOME OF THE MOST COMPLEX CASES TO PROSECUTE DUE TO THE NATURE OF THE EVIDENCE, REQUIREMENTS FOR EXPERT TESTIMONY, AND THE NEED TO UNDERSTAND VICTM BEHAVIORS.  IN ACCORDANCE WITH REFERENCES (A) THROUGH (C), THE DEPARTMENT OF THE NAVY AND THE MARINE CORPS REQUIRE TRIAL COUNSEL TO RECEIVE SPECIFIC TRAINING TO MEET THE CHALLENGES INVOLVED IN LITIGATING THESE COMPLEX AND DIFFICULT CASES.
3.  ACTION
A.  IN ORDER TO ENSURE PROPER TRAINING OF TRIAL COUNSEL AND THE LEGAL SUPPORT PERSONNEL INVOLVED IN PROSECUTING SEXUAL ASSAULT CASES, JUDGE ADVOCATE DIVISION, HQMC, SPONSORS THREE ANNUAL TRAINING COURSES SPECIFICALLY FOR TRIAL COUNSEL AND LEGAL SUPPORT PERSONNEL ADDRESSING SEXUAL ASSAULT PROSECUTION.   THE THREE COURSES ARE THE NEW TRIAL COUNSEL ORIENTATION TO PROSECUTING SEXUAL ASSAULT (TCO) COURSE, THE TRIAL COUNSEL ASSISTANCE PROGRAM (TCAP) SEXUAL ASSAULT COURSE, AND THE PROSECUTING ALCOHOL FACILITATED SEXUAL ASSAULT (PAFSA) COURSE.
B.  ATTENDANCE AT ANY OF THE THREE COURSES SATISFIES THE TRAINING REQUIREMENTS OF REFERENCES (A) THROUGH (C).  NEW COUNSEL ARE EXPECTED TO ATTEND THE TCO COURSE.  ALL COUNSEL ARE EXPECTED TO ATTEND THE TCAP SEXUAL ASSAULT COURSE ANNUALLY.  ATTENDANCE AT THE PAFSA COURSE IS LIMITED TO ONCE EVERY THREE YEARS.
C.  TRIAL COUNSEL ARE ADVISED THAT A PENDING CHANGE TO REFERENCE (D) WILL REQUIRE TRIAL COUNSEL TO COMPLETE AN INTERMEDIATE LEVEL TRIAL ADVOCACY TRAINING COURSE FOR PROSECUTING SPECIAL VICTIM CASES (E.G., TCAP SEXUAL ASSAULT COURSE OR PAFSA COURSE) PRIOR TO BEING DETAILED TO A SEXUAL ASSAULT CASE.
D.  THE CURRICULUM FOR THE TCO COURSE CONSISTS OF CLASSES ON THE FOLLOWING SEXUAL ASSAULT TOPICS:
(1)  VICTIM-WITNESS ASSISTANCE PROGRAM (VWAP) AND SAPR REQUIREMENTS OF A TRIAL OFFICE,
(2)  EVIDENCE GATHERING,
(3)  SEXUAL ASSAULT FORENSIC EXAMINATIONS,
(4)  TOXICOLOGY,
(5)  INTERACTING WITH SEXUAL ASSAULT VICTIMS,
(6)  ROLE OF THE VICTIM LEGAL COUNSEL,
(7)  OFFENDER BEHAVIOR,
(8)  SEX OFFENDER REGISTRATION,
(9)  COUNTERINTUITIVE BEHAVIOR,
(10)  TEAMING WITH LAW ENFORCEMENT,
(11)  RULES OF EVIDENCE IN A SEXUAL ASSAULT CASE, AND
(12)  UNIQUE ETHICAL REQUIREMENTS IN A SEXUAL ASSAULT CASE.
E. THE CURRICULUM FOR THE TCAP SEXUAL ASSAULT COURSE CONSISTS OF A MIX OF CLASSROOM SPECIFIC TRAINING ON SEXUAL ASSAULT AND PRACTICAL APPLICATION IN A COURTROOM SETTING.  CLASSROOM SPECIFIC TRAINING INCLUDES EXPERTS IN TOXICOLOGY, DNA, FORENSIC PSYCHOLOGY, AND PULMONOLOGY, AS WELL AS CLASSES ON TRIAL ADVOCACY IN SEXUAL ASSAULT CASES TAUGHT BY EXPERIENCED PROSECUTORS AND HIGHLY QUALIFIED LITIGATION EXPERTS.
F. THE CURRICULUM FOR THE PAFSA COURSE IS STRUCTURED SIMILARLY TO THE TCAP SEXUAL ASSAULT COURSE WITH A SPECIFIC FOCUS ON ALCOHOL FACILITATED SEXUAL ASSAULTS AND HOW TO OVERCOME COMMON DEFENSES WHEN ALCOHOL IS INVOLVED.
4.  COORDINATING INSTRUCTIONS
A.  SCHEDULE.  COURSES WILL BE OFFERED REGIONALLY AS FOLLOWS:
(1)  TCO COURSE
    6-8 MAY 2014 (CAMP LEJEUNE, NC)
    9-11 SEP 2014 (MCAS MIRAMAR, CA)
    15-17 SEP 2014 (CAMP FOSTER, OKINAWA)
(2)  TCAP SEXUAL ASSAULT COURSE
    13-17 JAN 2014 (CAMP LEJEUNE, NC)
    3-7 FEB 2014 (MCAS MIRAMAR, CA)
(3)  PAFSA COURSE
    11-15 AUG 2014 (NEWPORT, RI)
B.  ELIGIBILITY
(1)  TCO COURSE.  TRIAL COUNSEL WITHIN THE FIRST SIX MONTHS OF ASSIGNMENT TO THEIR BILLETS AND ALL TRIAL SERVICES LEGAL SUPPORT PERSONNEL ARE ELIGIBLE.
(2)  TCAP SEXUAL ASSAULT COURSE.  ALL TRIAL COUNSEL AND SENIOR LEGAL SUPPORT PERSONNEL ARE ELIGIBLE.
(3)  PAFSA COURSE.  ONLY TRIAL COUNSEL ARE ELIGIBLE.
(4)  OTHER INDIVIDUALS WHO WISH TO ATTEND THESE COURSES SHOULD CONTACT THE LISTED POC FOR FURTHER GUIDANCE.
C.  REGISTRATION.  REGISTRATION WILL BE COORDINATED THROUGH THE APPROPRIATE RTC OFFICE.  THE RTC OFFICE WILL SUBMIT A PRIORITIZED LIST OF ATTENDEES FOR THEIR REGION TO THE LISTED POC.
D.  FUNDING.  GUIDANCE REGARDING FUNDING WILL BE PUBLISHED BY SEPARATE CORRESPONDENCE.
E.  CANCELLATIONS.  CANCELLATIONS MUST BE RECEIVED NO LESS THAN FIVE WORKING DAYS PRIOR TO THE CONVENING DATE OF THE COURSE AND MAY BE MADE VIA EMAIL.  ATTENDEES ARE RESPONSIBLE FOR CANCELLING ANY FLIGHT, ROOM, OR RENTAL CAR RESERVATIONS PREVIOUSLY MADE.
F.  UNITS WILL ENTER CERTIFICATION OF COURSE COMPLETION INTO THE MARINE CORPS TOTAL FORCE SYSTEM VIA THE TRAINING MANAGEMENT SYSTEM BY REPORTING TRAINING EVENT CODE "SH" SAPR (TRIAL SERVICES).
5.  RELEASE AUTHORIZED BY MAJGEN V. ARY, STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.//