§ 806b — Art. 6b. Rights Of The Victim Of An Offense Under This Chapter

(a) A victim of an offense under this chapter has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any of the following: (A) A public hearing concerning the continuation of confinement prior to trial of the accused. (B) A preliminary hearing under section 832 of this title (article 32) relating to the offense. (C) A court-martial relating to the offense. (D) A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused. (E) A public proceeding of the service clemency and parole board relating to the offense. (F) The release or escape of the accused, unless such notice may endanger the safety of any person. (3) The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding. (4) The right to be reasonably heard at any of the following: (A) A public hearing concerning the continuation of confinement prior to trial of the accused. (B) A sentencing hearing relating to the offense. (C) A public proceeding of the service clemency and parole board relating to the offense. (5) The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2). (6) The right to receive restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused. (9) The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter. (b) In this section, the term “victim of an offense under this chapter” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter. (c) In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section. However, in no event may the individual so designated be the accused. (d) Nothing in this section (article) shall be construed— (1) to authorize a cause of action for damages; (2) to create, to enlarge, or to imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the United States or any of its officers or employees could be held liable in damages; or (3) to impair the exercise of discretion under sections 830 and 834 of this title (articles 30 and 34). (1) If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule. (2) If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order. (A) A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a). (B) To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals. (C) Review of any decision of the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces. (4) Paragraph (1) applies with respect to the protections afforded by the following: (A) This section (article). (B) Section 832 (article 32) of this title. (C) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background. (D) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege. (E) Military Rule of Evidence 514, relating to the victim advocate-victim privilege. (F) Military Rule of Evidence 615, relating to the exclusion of witnesses. (1) Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the Government intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victims’ Counsel or other counsel for the victim, if applicable. (2) If requested by an alleged victim who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.