VWAP Definitions & Crime Victim’s Rights – AR 27-10, PARA. 18-10

Victim

militarydefenseattorneys9.46.59 PM copyA person who has suffered direct physical, emotional or pecuniary harm as the result of a commission of a crime in violation of the UCMJ (or in violation of the law of another jurisdiction if any portion of the investigation is conducted primarily by the DoD components), including but not limited to:

 Military members and their family members;

When stationed OCONUS, DoD civilian employees and contractors, and their family members;

Institutional entity’s representative (federal, state and local agencies are not eligible for services available to individual victims);

Victim under age 18, incompetent, incapacitated, or deceased (in order of preference): a spouse, legal guardian, parent, child, sibling, other family member, or court designated person; and

Includes victims identified as a result of investigations of potential UCMJ violations conducted under the provisions of AR 15-6.

Witness

A person who has information or evidence about a crime, and provides that knowledge to a DoD component about an offense within the component’s investigative jurisdiction. If witness is a minor, includes a family member of legal guardian. BUT not a defense witness, perpetrator or accomplice.

Crime Victim’s Rights – AR 27-10, PARA. 18-10.

  • Fair treatment and respect for dignity and privacy;
  • Reasonable protection from accused;
  • Notification of court proceedings;
  • Presence at all public court proceedings related to the offense, unless court determines victim’s testimony would be materially affected by other testimony;
  • Confer with Government attorney;
  • Receive available restitution; and
  • Receive information about conviction, sentencing, imprisonment and release of accused.

Crime Victim’s Rights