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Awareness, prevention, and intervention campaign Title VII—Medical care and treatment for victims of sexual and domestic violence Sec. 701. Findings Sec. 702. Enhanced Department of Defense treatment capacity Sec. 703. Outreach program at the community level Sec. 704. Equal treatment and services Sec. 705. Evaluation of services and treatment within deployed units Sec. 706. Emergency medical leave Sec. 707. Reports Sec. 708. Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking Sec.
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709. Privacy safeguards Title VIII—Military-Civilian Shelter Programs Sec. 801. Enhanced capacity of the Department of Defense for shelter programs and services Title IX—Enhancement of Armed Forces Domestic Security Act Sec. 901. Amendments to Servicemembers Civil Relief Act Title X—Crimes Related to Sexual Assault and Domestic Violence Subtitle A—Federal Criminal Code Sec. 1001. Assimilative crimes Sec. 1002. Jurisdiction for sexual assault and domestic violence offenses committed outside the United States Sec. 1003. Technical amendments Sec.
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1004. Travel and transportation Subtitle B—Uniform Code of Military Justice Sec. 1011. Military sexual assault Sec. 1012. Stalking Sec. 1013. Domestic violence and family violence Sec. 1014. Protective orders Title XI—Victim’s Rights and Restitution Sec. 1101. Military law enforcement and victims’ rights Sec. 1102. Incident reports Sec. 1103. Victim advocates and victims’ rights Sec. 1104. Restitution Sec. 1105.
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Records of military justice actions Sec. 1106. Technical amendments relating to fatality review panels Sec. 1107. Enhanced capacity of the Department of Defense for victim services Title XII—Counseling and Treatment Programs of Department of Veterans Affairs Sec. 1201. Permanent authority for counseling and treatment of veterans for sexual trauma Sec. 1202. Authority to operate additional Department of Veterans Affairs centers for mental illness research, education, and clinical activities Sec. 1203. Improvement of program for provision of specialized mental health services to veterans Sec. 1204.
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Enhancement of readjustment counseling services for reserve component members Title XIII—Enhancement of Treatment Services for Perpetrators Sec. 1301. Enhanced capacity of the Department of Defense for treatment services for offenders Title XIV—Prevention and Intervention Training in the Department of Defense Sec. 1401. Prevention and intervention training awards Title XV—Research on Prevalence, Needs Assessment, Services, and Accountability Sec. 1501. Research on sexual assault in the Armed Forces Sec. 1502. Research on institutional procedures for reporting sexual assaults in the Armed Forces Sec. 1503.
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Research on domestic violence associated with the Armed Forces Sec. 1504. Research on institutional procedures for reporting domestic violence in the Armed Forces Sec. 1505. Research on dating violence associated with the Armed Forces Sec. 1506. Research on sexual violence perpetrated upon civilians Sec. 1507. Research on child maltreatment, abuse, and homicide in the Armed Forces Title XVI—Summit on Sexual Assault and Domestic Violence Sec. 1601. Purposes Sec. 1602. Establishment Sec. 1603. Eligible participants Sec. 1604.
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Summit activities Sec. 1605. Authorization of appropriations Title XVII—Conference on Sexual Assault and Domestic Violence Sec. 1701. Establishment Sec. 1702. Conference participants Sec. 1703. Conference activities Sec. 1704. Authorization of appropriations 2. Definitions
In this Act: (1) Domestic violence
The term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ).
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(2) Family violence
The term family violence has the meaning given that term in section 308 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10408 ). (3) Sexual assault
The term sexual assault means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim.
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(4) Sexual misconduct
The term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department;
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and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (5) Stalking
The term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, United States Code,
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as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family; and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family.
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(6) Armed forces
The term Armed Forces has the meaning provided in section 101(a)(4) of title 10, United States Code. (7) Family advocacy program
The term family advocacy program has the meaning provided in Department of Defense Directive 6400.1, issued by the Office of Family Policy of the Department of Defense established by section 1781 of title 10, United States Code.
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(8) Victims’ advocates program
The term victims’ advocates program means a program established within a military department pursuant to section 534(a) of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). (9) Victim
The term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (A) by or upon a member of the Armed Forces; (B) by or upon a family member of a member of the Armed Forces;
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(C) by or upon a person who shares a child in common with a member of the Armed Forces; (D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the Armed Forces; (E) by or upon a person similarly situated to a spouse of a member of the Armed Forces; or (F) by or upon any other person who is protected from the acts of a member of the Armed Forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee.
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(10) Victim services
The term victim services organization means a nonprofit, nongovernmental organization or a public, nonprofit organization acting in a nongovernmental capacity that assists domestic violence, family violence, or sexual assault victims, including women’s centers, rape crisis centers, battered women’s shelters, and other sexual assault, domestic violence or dating violence programs, including counseling, support and victim advocate organizations with domestic violence, dating violence, stalking, and sexual assault programs.
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(11) Dating violence
The term dating violence means violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of— (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.
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(12) Electronic communication
The term electronic communication has the meaning given that term in paragraph (12) of section 2510 of title 18, United States Code. (13) State
The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States.
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(14) Transitional housing
The term transitional housing includes short-term housing and has the meaning given that term in section 424(b) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11384(b) ). (15) Complaint
The term complaint , with respect to an allegation of family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation.
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(16) Military law enforcement official
The term military law enforcement official means a person authorized under regulations governing the Armed Forces to apprehend persons subject to the Uniform Code of Military Justice ( chapter 47 of title 10, United States Code) or to trial thereunder.
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(17) Batterers program
The term batterers program means a program approved or certified by a State that is operated by a public or not-for-profit organization for the purpose of providing battering prevention and educational services the goal of which is to help clients end abusive behaviors and components of which include— (A) an educational instruction and group discussion model to provide information about domestic violence; the illegality of domestic violence, and the responsibility for and alternative choices to abusive behavior;
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and (B) a long-term group that helps end the violent behavior of its participants with formal linkages to the local criminal justice systems and to area domestic violence services. (18) Representative of the victim
The term representative of the victim means, with respect to a victim, any of the following: (A) The surviving spouse. (B) A surviving child of the decedent who has attained 18 years of age. (C) A surviving parent of the decedent. (D) A surviving adult relative.
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(E) The public administrator appointed by a probate court, if one has been appointed. (19) Partner
The term partner means any of the following: (A) A person who is or has been in a social relationship of a romantic or intimate nature with another, where the existence of such a relationship is determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. (B) A person who shares a child in common with another person.
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(C) A person who is cohabiting with or has cohabited as a spouse by regularly residing in the household. (D) A person similarly situated to a spouse. (E) A former spouse. 3. Findings relating to domestic violence within the Armed Forces
Congress makes the following findings: (1) The prevalence of intimate partner violence associated with the Armed Forces is dramatic. In fiscal year 2001, 18,000 reported cases of spouse abuse occurred involving military personnel, of which 11,000 cases were substantiated by the Department of Defense Family Advocacy Program.
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(2) In a survey of intimate partner violence among married members of the Armed Forces, approximately 30 percent of the respondents who acknowledged using a knife or gun on an intimate partner were single service members. Thirty-three percent of never-married soldiers reported using a knife or a gun; however only five percent of the never married soldiers answered the survey. (3) The predominant type of spouse abuse associated with the Armed Forces is physical assault. A study found that 85 percent of the offenders in the Armed Forces committed physical assaults.
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(4) Several studies commissioned by the Department of Defense have concluded that the Department and its service branches have failed to standardize data collection and that data related to recidivism and reoffense are unreliable. Underreporting, informal handling, and slippages in central data collection have also been cited as contributing to the lack of reliable data.
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(5) The victims of intimate partner violence associated with the Armed Forces are particularly vulnerable due to isolation, mobile residency, financial insecurity, and fear of adverse career consequences and impact, with resultant severe underreporting of incidents and the failure to access services, care, and treatment. (6) The safety of the victim is significantly affected by confusion over the definition of intimate partner violence, family violence, sexual assault, rape, and spouse abuse. (7) The safety of a victim is significantly affected by the substantiation of mutual abuse.
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A study conducted by the Department of Defense concluded that 33 percent of the offenders were involved in mutual abuse. The identification of the primary aggressor is essential to the safety of a victim. (8) The victims of family violence are vulnerable to eviction from military housing. Department of Defense data indicates that 47 percent of the victims of family violence reside on a military installation. The Department of Defense should support transitional housing for family members challenged by domestic violence, sexual assault, or stalking. (9) The Department of Defense has sponsored programs to prevent, identify, and curtail family violence.
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The rehabilitative, nonjudicial, legal, and judicial responses to family violence are not standardized or comprehensive for the Armed Forces. (10) The Department of Defense has acknowledged multiple barriers to operating programs to curtail intimate partner violence, including lack of awareness and understanding in the military community of the signs and dynamics of family violence, inconsistent command support for Family Advocacy Program recommendations and interventions, operational barriers to victim safety and client participation, and unit deployment schedules interfering with full participation in and timely completion of treatment programs by active-duty servicemembers.
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(11) Commander discretion plays a major role in a zero tolerance climate, victim safety, and offender accountability. Command support and training by professionals in the fields of family violence and sexual assault would enhance the readiness of the Armed Forces. (12) The rates of domestic violence among members of the Armed Forces are considerably higher than anticipated and are two, three, four, or five times higher than the civilian rate. (13) Military deployments affect the prevalence and severity of abuse within the Armed Forces.
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(14) A review of homicides within the Armed Forces indicates that firearms were used against 35 percent of female victims, while 28 percent of female victims were beaten or strangled. Females were over ten times more likely than males to be strangled. The study concluded that active-duty females were at increased risk for homicide in comparison to both males in the Armed Forces and females in the general population. (15) Five to six percent of substantiated offenders are court-martialed by military authorities.
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(16) A study commissioned by the Department of Defense concluded that 75 to 84 percent of active-duty offenders were discharged honorably. (17) The health and welfare of Armed Forces personnel, families, and partners would be greatly enhanced by elimination of domestic and family violence. 4. Findings relating to sexual misconduct in the Armed Forces
Congress makes the following findings: (1) The first large-scale survey of sexual misconduct within the Armed Forces concluded that 5 percent of female respondents and 1 percent of male respondents were victims of completed or attempted rape.
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(2) The most recent estimates suggest that sexual misconduct in the Armed Forces has decreased from 6 percent of female respondents reporting a completed or attempted rape to 3 percent of female respondents reporting the same. (3) Department of Defense surveys have ranked the prevalence of sexual misconduct among the services, citing 9 percent of female Marines were victims of an attempted or completed rape, 8 percent of female Army personnel, 6 percent of female Naval personnel, and 4 percent of Air Force female personnel.
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(4) A survey by the Department of Veterans Affairs concluded that 30 percent of female veterans report an attempted or completed rape during active duty. Thirty-seven percent of the women who reported an attempted or completed rape had been raped more than once, while 14 percent of the victims reported being gang raped. (5) The disparity between the surveys conducted by the Department of Defense and Department of Veterans Affairs entails the application of research protocols varying from civilian practices, including the protection of human subjects, anonymity for respondents, and behavior based questionnaires.
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(6) Men accounted for 22 percent of those seeking treatment for sexual trauma at the Veterans’ Centers in 1996, an increase from 13 percent in 1994. The percentage of male sexual trauma victims, 9 percent, is significantly higher than in the civilian community. (7) Eight percent of female Persian Gulf War veterans in a survey reported being sexually abused during Operation Desert Shield and Operation Desert Storm. The rate of victimization experienced by female servicemembers deployed during the Gulf War represents nearly a 10-fold increase over rates obtained using female civilian community samples.
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(8) In a survey of veterans seeking disability benefits from the Department of Veterans Affairs for post-traumatic stress disorder (PTSD), 6.5 percent of male combat veterans reported an in service or post service sexual assault, while 16.5 percent of noncombat veterans reported an in service or post service sexual assault; 69 percent of female combat veterans and 86.6 percent of female noncombat veterans reported an in-service or post service sexual assault. The reported rates of sexual assault are higher among veterans seeking veterans’ disability benefits for PTSD than the historically reported rates for men and women in the general population.
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(9) The military environment is more powerfully associated with risk than individual factors, encompassing young women entering male dominated working groups at lower levels of authority, sexual harassment by officers, and unwanted advances on duty and in sleeping quarters. (10) The prior victimization of the female servicemembers has been cited in numerous service sponsored studies. Prior victimization results in enhanced vulnerability of a victim. (11) Female servicemembers are less likely to report harassment, rape, and family violence due to fear of adverse career impact and charges of drinking, fraternization, and adultery.
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(12) The response of the Armed Forces is predominantly an administrative intervention rather than criminal investigations, charges, and judicial proceedings. (13) The overlap of physical, sexual, and emotional abuse is routinely found in studies and case histories of survivors. Research relative to active duty military women has cited this overlap indicating that one third of female veterans who experience physical assault by an intimate partner also report being sexually assaulted. 101.
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Office of the victims’ advocate
(a) In general
Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: 90 Office of the Victims’ Advocate
1811. Office of the Victims’ Advocate: establishment 1812. Office of the Victims’ Advocate: responsibilities 1813. Office of the Victims’ Advocate: Director and staff 1814. Office of the Victims’ Advocate: access 1815. Office of the Victims’ Advocate: authorities and powers 1816.
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Office of the Victims’ Advocate: victim protection actions 1817. Office of the Victims’ Advocate: victims advocates whistleblower protections 1818. Office of the Victims’ Advocate: annual assessment 1819. Office of the Victims’ Advocate: annual reports 1820. Office of the Victims’ Advocate: policy implementation 1821. Authorization of appropriations 1811. Office of the Victims’ Advocate: establishment
(a) Establishment
There is in the Office of the Secretary of Defense an Office of the Victims’ Advocate (hereinafter in this chapter referred to as the Office ).
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(b) Victim Defined
In this chapter, the term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (1) by or upon a member of the armed forces; (2) by or upon a family member of a member of the armed forces; (3) by or upon a person who shares a child in common with a member of the armed forces; (4) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces;
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(5) by or upon a person similarly situated to a spouse of a member of the armed forces; or (6) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. 1812. Office of the Victims’ Advocate: responsibilities
(a) Coordination functions
(1) The Office shall restore access to services for victims and survivors of domestic violence, family violence, sexual assault, and stalking.
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(2) The Office shall contract victim advocates in the Department of Defense for purposes of victims’ advocates programs in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). In awarding contracts under this paragraph, the Director shall— (A) ensure that such contracts are awarded on a competitive basis; (B) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban and rural areas;
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(C) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence; and (D) ensure that the victim advocates have received specialized training in the counseling and support of victims and that each victim advocate meets the following requirements: (i) Has a master’s degree in counseling or a related field or has one year of counseling experience, at least six months of which has been in the counseling of sexual assault or domestic violence victims.
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(ii) Has at least 40 hours of training as specified by regulations prescribed by the Director, including training in the following areas: (I) History of domestic violence and sexual assault. (II) Civil, criminal and military law as it relates to domestic violence and sexual assault. (III) Societal attitudes. (IV) Peer counseling techniques. (V) Housing. (VI) Public and private assistance available to victims. (VII) Financial resources for victims. (VIII) Safety and protection resources for victims. (IX) Victim and transitional compensation. (X) Benefits.
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(XI) Referral services available to victims. (3) The Office shall serve as headquarters program manager for the Victims’ Advocates Program in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). (4) The Office shall obtain for any victim of domestic violence, family violence, sexual assault, or stalking referred to in this section, from any facility of the uniformed services or any other health care facility of the United States or, by contract, from any other source, medical services, counseling,
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and other mental health services appropriate for treatment, including— (A) injuries resulting from domestic violence, sexual assault or stalking; (B) rape evidence kits; (C) DNA screening and testing; (D) sexually transmitted diseases screening and treatment; (E) HIV screening and treatment; (F) pregnancy testing; (G) FDA-approved methods of pregnancy prevention, including emergency contraception; (H) reproductive services, including prenatal care and abortions as authorized by section 1093 of this title; and (I) other mental and physiological results of the domestic violence, sexual assault, or stalking.
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(5) The Office shall coordinate and facilitate services within the military departments for victims and survivors of domestic violence, family violence, sexual assault, and stalking. (6) The Office shall coordinate programs and activities of the military departments relative to services and treatment for victims of domestic violence, family violence, sexual assault, and stalking. (b) Evaluation and review responsibilities
The Director shall carry out the following ongoing evaluations and reviews: (1) Evaluation of the policies and protocols established by the military departments providing such services and treatment, with a view towards the rights of victims of domestic violence, family violence, sexual assault, and stalking.
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(2) Evaluation of the programs established by the military departments providing services to victims of domestic violence, family violence, sexual assault, and stalking. (3) Evaluation of the delivery of services of the military departments that provide services and treatment to victims of domestic violence, family violence, sexual assault, and stalking through funds provided by the Department of Defense, Department of Justice, or Department of Health and Human Services. (4) Annual review of the facilities of the Department of Defense providing services to victims of domestic violence, family violence, sexual assault, or stalking.
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(5) Annual review of the National Domestic Violence Hotline, the National Sexual Assault Hotline, and the American Women Overseas Hotline relative to projects for military personnel, families and partners, and installation hotlines for victims of domestic violence, family violence, sexual assault, or stalking. (6) Annual review of the victim witness assistance programs within the Department of Defense. (7) Review of complaints of persons and investigation of those where victims may be in need of or benefit from assistance from a victim advocate.
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(8) Serve or designate a person to serve on the interdisciplinary councils under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act. (9) Serve or designate a person to serve on the fatality review panels established by the Secretary of Defense under sections 4061, 6036, and 9061 of this title.
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(c) Policy responsibilities
(1) The Director shall recommend to the Secretary of Defense and the Secretaries of the military departments a comprehensive policy on prevention and intervention to domestic violence, family violence, sexual assault and stalking involving members of the armed forces, families, and partners. The comprehensive policy shall address the following matters: (A) Prevention measures. (B) Education and training on prevention and intervention. (C) Investigation of complaints by command and law enforcement personnel. (D) Medical treatment of victims. (E) Confidential reporting of incidents. (F) Victim advocacy and intervention.
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(G) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of domestic violence, family violence, sexual assault, or stalking. (H) Disposition of victims of domestic violence, family violence, sexual assault, or stalking, including review by appropriate authority of administrative separation actions involving victims of domestic violence, family violence, sexual assault, or stalking. (I) Disposition of members of the armed forces accused of domestic violence, family violence, sexual assault, or stalking.
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(J) Liaison and collaboration with civilian agencies on the provision of services to victims of domestic violence, family violence, sexual assault, or stalking. (K) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of domestic violence, family violence, sexual assault, or stalking. (2) Not later than January 1, 2005, the Secretary of Defense, acting through the Office of the Victims’ Advocate, shall develop a comprehensive policy for the Department of Defense on the prevention and intervention of domestic violence, sexual assault, family violence and stalking involving members of the armed forces.
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The policy shall be based on— (A) a review of— (i) the Department of Defense Task Force on Care for Victims of Sexual Assaults; and (ii) the Defense Task Force on Domestic Violence; and (B) such other matters as the Secretary, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate. (3) The Office shall recommend changes in policies, personnel, and procedures for dealing with domestic violence, family violence, sexual assault and stalking based on evaluations outlined in subsection (b) and as the Director of the Office of the Victims’ Advocate considers appropriate.
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(4) The Office shall establish protective provisions and protocols, including a privacy privilege and nondisclosure policy. (5) The Office shall prescribe regulations to establish responsibilities of military law enforcement officials at the scene of domestic violence, as defined by section 1058 of this title, and fatality review panels, as defined by sections 4061, 6036, and 9061 of this title, to carry out the provisions of those sections. (6) The Office shall propose systemic reform and formal legal action to secure and ensure the legal, civil, and special rights of victims associated with the armed forces.
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(d) Education and training responsibilities
(1) The Office shall conduct training for and provide technical assistance to— (A) commands; (B) victim advocates; (C) Family Advocacy Programs; (D) victim witness assistance; (E) commissions; liaisons; (F) judge advocates; and (G) law enforcement and security forces of the military departments.
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(2) The Office shall conduct annual, Defense-wide, mandatory training for— (A) command staff; first responders, including commanders; (B) law enforcement; (C) security forces; (D) victim advocates; (E) military criminal investigators; (F) Family Advocacy Programs; (G) sexual assault nurse examiners; (H) rape crisis advocates; (I) chaplains; (J) military health care providers; (K) judge advocates; and (L) other relevant staff.
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(3) The Office shall conduct train-the-trainer sessions to supplement annual mandatory training for first responders and command staff with quarterly training within commands. (4) The Office shall conduct programs of public education, including the development and distribution of brochures, booklets, posters, and handbooks outlining hotlines, services, contact information, policies, and protocols for victims. 1813.
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Office of the Victims’ Advocate: Director and staff
(a) Director
(1) The Director of the Office shall be a person with knowledge of victims’ rights, advocacy, social services, and justice within Federal, State, and military systems. (2) The Director shall be a civilian qualified by training and expertise to perform the responsibilities of the Office and possessing a significant level of experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The Director reports directly to the Secretary of Defense. (4) The position of Director is a Senior Executive Service position.
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The Secretary of Defense shall designate the position as a career reserved position under section 3132(b) of title 5. (5) The Secretary of Defense shall consult with the interdisciplinary council established under section 201 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act in the appointment of the Director. (b) Victims advocates
(1) Victims advocates positions (as defined by section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note)) shall be contracted by and assigned to the Director.
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Personnel shall be qualified by training, certification, and expertise to perform the duties of a victim advocate. (2) Victim advocates shall be civilians qualified by training, expertise, and certification to perform the responsibilities of the position, possessing a significant level of knowledge relative to the armed forces community and experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The victim advocates report directly to the Director or the Director’s designee within the Office.
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(4) The Director shall consult with the interdisciplinary councils established under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act in the contracting of victim advocates. (5) To the maximum extent practicable, the victim advocates shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. (c) Victim witness personnel
Victim witness personnel shall be assigned to the Office.
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(d) Staff
(1) Staff shall be provided to carry out the responsibilities of the Office, including sexual assault nurse examiners, community liaisons, trauma specialists, perpetrator behavioral specialists, and such other personnel as may be required to carry out the provisions of this section. (2) To the maximum extent practicable, the staff of the Office shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. 1814.
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Office of the Victims’ Advocate: access
(a) Access to senior officials
The Director of the Office shall have direct and prompt access to the Secretary of Defense, the Secretary of each military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. (b) Access to information
The Director shall have access to the following: (1) Name of a victim receiving services, treatment, or other programs under the jurisdiction of the military departments and the location of the victim, if in custody.
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(2) Written reports of sexual assault, sexual misconduct, domestic violence, family violence, or stalking prepared by the military departments. (3) Records required to maintain the responsibilities assigned to the Office. (4) Records of law enforcement, criminal investigative organizations, health care providers, and command and Family Advocacy Programs as may be necessary to carry out the responsibilities of the Office.
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(c) Confidentiality
To the extent that any information referenced in this section provides the name and address of an individual who is the subject of any confidential proceeding, that name and address or related information that has the effect of identifying such individual shall not be released to the public without the consent of such individual. 1815. Office of the Victims’ Advocate: authorities and powers
(a) In general
The Office of the Victims’ Advocate shall have the following authorities and powers: (1) To communicate privately by mail or orally with any victim, survivor, or family in treatment or under protective services of a military department.
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(2) To have access to records held by the clerk of courts, law enforcement, agencies, and institutions, public or private, and other agencies or persons with whom a particular case has been examined, including the right to inspect, copy, and subpoena such records. (3) To take whatever steps are appropriate to see that persons are made aware of the services of the Office, the purpose of the Office, and how the Office may be contacted.
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(4) To establish policies, procedures, and practices in order to protect the privacy and confidentiality of communications for persons seeking information and services with victim advocates and victim witness liaisons contracted by and assigned to the Office. (b) Confidentiality
(1) Except as provided in paragraph (2), in order to ensure the safety of victims of domestic violence, family violence, sexual assault, sexual misconduct, or stalking and their families, the Office shall protect the confidentiality and privacy of persons receiving services.
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The Office may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The Office may not reveal individual victim information without the informed, written, reasonably time-limited consent of the person (or in the case of unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the Office or for any other military, Tribal, Federal, State, or Territorial program.
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(2) If release of information referred to in paragraph (1) is compelled by statutory or court mandate, the Office shall make reasonable attempts to provide notice to victims affected by the disclosure of the information. If such personally identifying information is or will be revealed, the Office shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.
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(3) The Office may share nonpersonally identifying data in the aggregate regarding services to the Office’s clients and nonpersonally identifying demographic information in order to comply with armed forces, Tribal, Federal, State or Territorial reporting, evaluation, or data collection requirements. (4) The Office may share court-generated information contained in secure, governmental registries for purposes of enforcement of protection orders. (c) Personally identifying information
In this section, the term personally identifying information means individually identifying information from or about an individual, including the following: (1) A first and last name.
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(2) A home or other physical address, including street name and name of city or town. (3) If a member or former member of the armed forces— (A) active duty, reservist, guard, or veteran status; (B) assigned rate or rank; (C) duty station or deployment status; and (D) squad, unit, platoon, ship, fleet, wing, squadron, company or battalion of the Army, Navy, Marine Corps, or Air Force.
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(4) An email address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s email address. (5) A telephone number. (6) A Social Security Number. (7) An Internet Protocol (IP) address or host name that identifies an individual. (8) A persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual.
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(9) Any information, including grade point average, date of birth, academic or occupational assignments or interests, athletic or extracurricular interests, racial or ethnic background, or religious affiliation, that, in combination with information specified in any of paragraphs (1) through (8), would serve to identify an individual. (d) Standards
The Office shall abide by statutory, regulatory, professional, and ethical standards established within the professions relative to confidentiality of communications, including the Health Insurance Portability and Accountability Act, the National Association of Social Workers and American Psychological Association. 1816.
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Office of the Victims’ Advocate: victim protection actions
(a) Orders of protection
The Office of the Victims’ Advocate shall obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking, from any military command a no contact order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim from additional physical or emotional harm.
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(b) Removal of an alleged offender
The Office of the Victims’ Advocate shall request from any commanding officer an order for the relocation or reassignment of an alleged offender during an investigation, disciplinary action, or court-martial in order to ensure the safety of a victim. 1817. Office of the Victims’ Advocate: victims advocates whistleblower protections
(a) Whistleblower protections
(1) No person may restrict a victim advocate within the Department of Defense in communicating with a victim or survivor of domestic violence, sexual assault, family violence, or stalking.
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(2) Paragraph (1) does not apply to a communication that is unlawful. (b) Prohibition of retaliatory personnel actions
No person may take or threaten to take an unfavorable personnel action, or withhold or threaten to withhold a favorable personnel action, against a victim advocate as a reprisal for— (1) providing services to victims and survivors of domestic violence, sexual assault, family violence, intimate partner violence or stalking; (2) a communication to a Member of Congress or an Inspector General; (3) a communication with military law enforcement, military criminal investigators, judge advocates or command;
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(4) a communication with civilian law enforcement, county, state or United States attorneys, court officials, probation officers or victim service providers; or (5) any other person or organization, including any person or organization in the chain of command, in the course of providing services to a victim or survivor. (c) Prohibited personnel actions
Any action prohibited by subsection (b), including the threat to take any action and the withholding or threat to withhold any favorable action, shall be considered for the purposes of this section to be a personnel action prohibited by this section.
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(d) Investigation of allegations of prohibited personnel actions
(1) If a victim advocate submits to an Inspector General an allegation that a personnel action prohibited by subsection (b) has been taken or threatened against the victim advocate with respect to a communication described in paragraph (2), the Inspector General shall take the action required in this section. (2) A communication described in this paragraph is a communication in which the victim advocate reasonably believes constitutes evidence of any of the following: (A) A violation of law or regulation, including a law or regulation prohibiting domestic violence, sexual assault, family violence, or stalking.
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(B) Gross mismanagement, an abuse of authority, or a substantial danger to community safety or public health. (3) (A) If the Inspector General receiving such an allegation is an Inspector General within a military department, that Inspector General shall promptly notify the Inspector General of the Department of Defense of the allegation. Such notification shall be made in accordance with regulations prescribed under subsection (e).
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(B) An Inspector General of the Department of Defense receiving an allegation as described in this section shall expeditiously determine, in accordance with regulations prescribed under subsection (e), whether there is sufficient evidence to warrant an investigation of the allegation. (C) Upon determining that an investigation of an allegation under this section is warranted, the Inspector General making the determination shall expeditiously investigate the allegation.
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(4) The Inspector General of the Department of Defense shall ensure that the Inspector General conducting the investigation of an allegation under this subsection is outside the immediate chain of command of both the victim advocate submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.
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(5) Upon receiving an allegation under this subsection, the Inspector General shall conduct a separate investigation of the information that the victim advocate making the allegation believes constitutes evidence of wrongdoing as described in subparagraph (A) or (B) of paragraph (2) if there previously has not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate.
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(6) (A) After completion of an investigation under paragraphs (3), (4), or (5), the Inspector General conducting the investigation shall submit a report on the results of the investigation to the Secretary of Defense and the Director of the Office of the Victims’ Advocate and shall transmit a copy of the report on the results of the investigation to the victim advocate who made the allegation investigated.
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The report shall be transmitted to the Secretary of Defense, Director of the Office of the Victims’ Advocate, and the copy of the report shall be transmitted to the victim advocate, not later than 30 days after the completion of the investigation. (B) In the copy of the report transmitted to the victim advocate, the Inspector General shall ensure that the maximum disclosure of information possible, with the exception of information that is not required to be disclosed under section 552 of title 5. However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation.
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Such items shall be transmitted to the victim advocate, if the victim advocate requests the items, with the copy of the report or after the transmittal to the victim advocate of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the victim advocate.
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(C) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by subparagraph (A) within 180 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense and to the victim advocate making the allegation a notice— (i) of that determination including the reasons why the report may not be submitted within that time; and (ii) of the time when the report will be submitted.
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(D) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. (e) Regulations
(1) The Secretary of Defense shall prescribe regulations to carry out this section not later than 120 days after the date of enactment of this section.
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In prescribing regulations under this section, the Secretary of Defense shall provide for appropriate procedural protections for the subject of any investigation carried out under the provisions of that section including a process of appeal and review of investigative findings. (2) The Secretary shall provide in the regulations that a violation of the prohibition by a person subject to chapter 47 of this title is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice). 1818.
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Office of the Victims’ Advocate: annual assessment
(a) Data compliance and reporting
The Office of the Victims’ Advocate shall compile an annual report consisting of data collected by the military departments, including Defense Incident Based Reporting System (DIBRS), Case Information System, database on domestic violence as defined by section 1562 of this title, central registry of the Family Advocacy Program, military justice, criminal investigators, law enforcement, security forces and victim advocates. The data shall be collected pursuant to policies set forth by the Director of the Office.
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(b) Assessment of policies and procedures
Not later than January 15 each year, the Director shall conduct an assessment of the implementation during the preceding fiscal year of the policies and procedures of the military departments on the prevention and intervention for domestic violence, family violence, sexual assault and stalking involving members of the armed forces in order to determine the effectiveness of such policies and procedures during such fiscal year in providing an appropriate response to domestic violence, family violence, sexual assault and stalking.
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(c) Personnel analysis
The annual assessment shall include a review of personnel, including staffing levels, assignments, accessibility, availability, training, and duties of victim advocates, victim witness liaisons, sexual assault nurse examiners, and others considered appropriate by the Director assigned to assist victims of domestic violence, sexual assault, family violence, or stalking. The assessment shall include a review of personnel assigned to deployed units, along with recommendations to enhance availability, accessibility, and training for personnel.
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(d) Assessment of statutes and directives
The annual assessment shall include a review of— (1) the Uniform Code of Military Justice, the Victims’ Rights and Restitution Act, the Violence Against Women Act, and other Federal statutes; (2) directives of the military departments; and (3) regulations of the military departments considered appropriate by the Director in order to enhance the foundation of law and policy within the military departments in response to domestic violence, family violence, sexual assault, and stalking. 1819.
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Office of the Victims’ Advocate: annual reports
(a) Annual reports
(1) Not later than April 1, 2005, and January 15 of each year thereafter, the Director shall submit to the Secretary of Defense a report on the domestic violence, family violence, sexual assault, and stalking involving members of the armed forces during the preceding year.
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(2) Each report under paragraph (1) shall include the following: (A) The number of incidents of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces, that were reported to military officials during the year covered by such report and the number of the cases so reported that were substantiated. (B) A synopsis of, and the disciplinary action taken in, each case.
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(C) The policies, procedures, and processes implemented by the military departments during the year covered by such report in response to incidents of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. (D) A plan for the actions that are to be taken in the year following the year covered by such report on the prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the armed forces.
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(3) Each report under paragraph (1) in 2006, 2007 and 2008 shall also include the assessment conducted by the Director under section 1818(b) of this title. (b) Report to Congress
The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this section, together with the comments of the Secretary on such report.
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The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any subsequent year not later than March 15 of the following year. 1820. Office of the Victims’ Advocate: policy implementation
(a) Responsibility
The Secretary of Defense, acting through the Office of the Victims’ Advocate, shall implement the comprehensive policy developed pursuant to section 1812(c) of this title.
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(b) Application of comprehensive policy to military departments
The Secretary shall ensure that, to the maximum extent practicable, the policy developed under subsection (c) is implemented uniformly by the military departments. (c) Policies and procedures of the military departments
(1) Not later than March 1, 2005, the Secretary of Defense and Secretaries of the military departments, in consultation with the Office of the Victims’ Advocate, shall prescribe regulations, or modify current regulations, on the policies and procedures of the military departments on the prevention of and response to domestic violence, family violence, sexual assault,
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or stalking involving members of the armed forces in order— (A) to conform such policies and procedures to the policy developed under subsection (b); and (B) to ensure that such policies and procedures include the elements specified in paragraph (2). (2) The elements specified in this paragraph are as follows: (A) A program to promote awareness of the incidence of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.
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