Subchapter I · General Provisions
Article 6b. Rights of the victim of an offense under this chapter
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (21)(a) RIGHTS OF A VICTIM OF AN OFFENSE UNDER THIS CHAPTER.— 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.
(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) VICTIM OF AN OFFENSE UNDER THIS CHAPTER DEFINED.— 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) APPOINTMENT OF INDIVIDUALS TO ASSUME RIGHTS FOR CERTAIN VICTIMS.— 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) RULE OF CONSTRUCTION.— 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).
(e) ENFORCEMENT BY COURT OF CRIMINAL APPEALS.—
(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.
(3)
(B) To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all 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.
(f) COUNSEL FOR ACCUSED INTERVIEW OF VICTIM OF ALLEGED OFFENSE.—
(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 Victim’s 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.
Cross-referencesCited by 21Cites 8
Cited by
Provisions elsewhere in the Manual whose text cites Article 6b. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 305(o) — Pretrial confinement
…of an alleged offense” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
R.C.M. 309(b)(4) — Pre-referral judicial proceedings
…under this rule. This includes matters referred by a Court of Criminal Appeals under subsection (e) of Article 6b.
R.C.M. 309(b)(5) — Pre-referral judicial proceedings
Pre-referral matters under subsection (c) of Article 6b. The military judge may designate a suitable person to assume the rights of a victim who is under 18 years…
A victim of an offense under the UCMJ, as defined in Article 6b(b), may file a motion pre-referral requesting that a military judge require a preliminary hearing officer…
R.C.M. 309(b)(9)(A)(i) — Pre-referral judicial proceedings
Articles 6b or 32;
The military judge may grant or deny such a motion. The ruling is subject to further review pursuant to Article 6b(e).
Discussion under R.C.M. 405(h)(3) — Preliminary hearing
See Article 6b, UCMJ.
R.C.M. 405(j)(2)(C) — Preliminary hearing
…admitted, the victim may directly petition the Court of Criminal Appeals for a writ of mandamus pursuant to Article 6b.
Discussion under R.C.M. 502(d)(4) — Qualifications and duties of personnel of courts-martial
…602. (D) Victim rights . The trial counsel should ensure that the Government’s responsibilities under Article 6b are fulfilled. (E) Preparation for trial . The trial counsel should: ensure that a suitable room, a reporter…
…in R.C.M. 1001. DD Form 456 (Interrogatories and Deposition) may be used in conjunction with this rule. See Article 6b(e)(2) concerning a victim’s right to petition a Court of Criminal Appeals to quash an order to submit to a…
Discussion under R.C.M. 703(g)(3)(C)(ii) — Production of witnesses and evidence
The term “victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b. A subpoena requiring the production of personal or confidential information of a named victim may be served…
Discussion under R.C.M. 801(a)(6)(E) — Military judge’s responsibilities; other matters
…offense under the UCMJ” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
Discussion under R.C.M. 806(b)(3) — Public trial
…to confer with counsel for the Government, and the right to be reasonably protected from the accused. See Article 6b. For purposes of this rule, the term “victim of an alleged offense” has the same meaning as the term…
Discussion under R.C.M. 1106(b)(2) — Matters submitted by the accused
…term “crime victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
Discussion under R.C.M. 1108(d)(3)(J) — Vacation of suspension of sentence
The term “victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
Discussion under R.C.M. 1109(d)(3)(C)(ii) — Reduction of sentence, general and special courts-martial
…the term “crime victim” has the same meaning as “victim of an offense under this chapter” in Article 6b.
Discussion under R.C.M. 1112(e)(1)(C) — Certification of record of trial; general and special courts-martial
The term “victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b. The record of trial includes only those items listed in R.C.M. 1112(b).
R.C.M. 1304(a)(4) — Trial procedure
Rights of victims at summary courts-martial. Pursuant to Article 6b, a victim at summary court-martial is entitled to the following rights:
Discussion under R.C.M. 1304(a)(4)(E) — Trial procedure
The term “victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
Uniform Code of Military Justice
Art. 30a(a)(1)(D) — Proceedings conducted before referral
Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
MCM Appendix 2.1 — Disposition Guidance
In cases involving an individual who is a victim of the alleged offense as defined by Article 6b(b), that individual’s views as to disposition;
Article 6b cites
Provisions named in the text of Article 6b. Where the cited provision is on this site, the link opens it.