News>AF provides special counsel to sexual assault survivors
Photos
Capt. Allison DeVito is the chief of Victims Issues and Policy branch for Air Force and helps manage the Special Victims' Counsel program. The SVC provides independent legal representation through an assigned Air Force attorney to Airmen, who report they are the victims of sexual assault. (U.S. Air Force phot/Senior Airman Carlin Leslie)
Capt. Allison DeVito is the chief of Victims Issues and Policy branch for Air Force and helps manage the Special Victims' Counsel program. The SVC provides independent legal representation through an assigned Air Force attorney to Airmen, who report they are the victims of sexual assault. (U.S. Air Force photo/Senior Airman Carlin Leslie)
Capt. Dustin Kouba is a Special Victims Counsel attorney. The SVC provides independent legal representation through an assigned Air Force attorney to Airmen, who report they are the victims of sexual assault. (U.S. Air Force photo/Senior Airman Carlin Leslie)
by Staff Sgt. David Salanitri
Air Force Public Affairs
5/24/2013 - WASHINGTON (AFNS) -- Often, when survivors of sexual assault are "put on the witness stand, they can feel like they're being attacked," said Capt. Dustin Kouba, a special victims counsel attorney. "I feel like I'm almost defending them ... I'm like their big brother."
The Air Force is taking the lead on providing special counsel to survivors of sexual assault, spearheading a pilot program for the Department of Defense.
The goal of the Special Victims' Counsel (SVC) is to ensure the best possible care for our Airmen, who report they are the victims of sexual assault, by providing independent legal representation through an assigned Air Force attorney. Within 48 hours of the victim requesting the SVC, the SVC will contact the victim and remains their SVC throughout the entire legal process.
The SVC Program started in January of 2013. Once attorneys are selected to be SVCs, they attend additional training at Maxwell Air Force Base, Ala.
"What the course does is focus on what is required of JAGs for their new role in representing victims versus serving as trial counsel, which is what they already had experience in," said Capt. Allison DeVito, who is the chief of the Victim Issues and Policy branch for the Air Force.
To build the course, the Air Force worked with leaders in the civilian sector. The initial three-day course, which has since grown to five days, builds on training they've already received in military justice, DeVito said.
The SVCs can "help guide the victim through the military justice process and help them come out on the other end, regardless of what the result of the court-martial is, feeling that they made the right decision to come forward in the first place. That that was the right thing to do - to report the sexual assault."
Sexual assault victims can file two different report types - restricted and unrestricted. With an unrestricted report, the government is able to conduct an investigation which could result in disciplinary action, including a court-martial prosecution of the accused.
Since the start of the program, over 300 sexual assault victims have been represented by SVCs, including 22 victims who had made restricted reports.
"Of the 22 restricted reports, 12 have made that decision to go unrestricted, a 55% conversion rate" DeVito said. By comparison, in FY11 13 percent of restricted reports were later changed to unrestricted, she said.
Though only a small percent of SVC clients are restricted, a common denominator has surfaced among victims -- a need for advice.
"From the restricted reports that do come to us and request counsel, we're finding that the number one reason is they want advice on the decision to make an unrestricted report -- that's exactly what an SVC is intended to do," DeVito said.
She said the SVC is there to "provide information on what the process is going to look like, so that a victim can feel more comfortable and confident about the decision to come forward."
What can an SVC do for me?
The SVC brings a lot of support and training to the table, including:
-Victim's rights law
-Privacy issues
-Housing issues
-Civil law issues
-Workplace reprisals
-Full spectrum victims' issues
Victims' perspective
In its short existence, the Air Force is tracking its performance closely, and feedback from SVC clients has been positive.
Airmen provided the following feedback, DeVito said.
"My SVC was so supportive, and helpful. He was always there for me when I had any questions, and he showed me that he wasn't just doing his job, but that he cares about his job and his client. I don't know what I would have done without him during the process."
"When you're a victim you don't know who to trust. The SVC gave me that trust I needed. Also, everything with her was confidential and that made me feel more safe. It was nice having someone to speak for me and to help me."
"I believe that an SVC provides comfort and confidence when you have had so much taken away."
Meeting the victim
Reading through victims' comments, the relationship between SVC attorneys and their clients appears to be strong.
"That first time meeting them, every single time, it's been a great experience," said Kouba, who will become one of 24 fulltime, regional-based SVCs. "I think they're relieved to finally have me there. And I'm relieved to be there."
When Kouba meets with his new clients, he has one goal he wants them to know -- "I'm here to help you. That's why I'm here."
And sometimes, when he meets them, he doesn't say much. He just lets them talk.
Sometimes they feel like they're not being heard, Kouba said. That's when he feels the best thing to do is "sitting down, listening to them, helping them come to the conclusion on what we should do to move forward," he said.
Kouba said he often feels responsible to his clients like a big brother can feel about a younger sibling.
"I look at it as if there are three teams. The government trial team, the defense team that is supporting the accused, and I'm on a third team. I'm directly supporting the survivor," said Kouba, a native of Grand Forks, N.D.
With the sensitivities he faces with clients, Kouba reminds himself that "the person that's coming into my office is exposing their inner-most secrets to me. They're having to relive a terrifying event over and over again."
At the end of the day, sexual assault is a horrible thing, but the Air Force is staying out front, providing what DeVito refers to as a response team.
The desire to provide victims with the very best response team, which includes other support services such as the Sexual Assault Response Coordinator, Victim Advocate, medical and mental health care, in addition to the SVC, has led to Congress proposing a bill on May 7 that would require each service to have an SVC program.
According to the bill's description, it "directs each military department Secretary to implement a program providing a Special Victims' Counsel to a victim of a sexual assault committed by a member of the Armed Forces."
For DeVito, providing support to survivors of sexual assault is much more than checking a box, it's helping out a fellow family member.
"We're the Air Force. We're a big family. And now we're going to do everything in our power to make sure [Airmen, who are survivors of sexual assault, are] supported -- emotionally, physically, mentally and legally."
Comments
6/2/2013 7:14:35 PM ET It seems to be misunderstood by some other commenters but this is a legal counsel provided to watch out for the rightswantsneeds of the vicitm to prevent revictimization by the systemprocess. The AF has the SJA and the defendant the ADC now the vicitim has someone looking out for them.
Chief, Kadena
5/31/2013 9:44:28 AM ET @ PB. There was an article in May 2012 titled Chiefs issue strategic direction to combat sexual assault. DW from Sheppard commented that 9 of 10 cases he had personal knowledge of were false reports. I do not know the statistics myself but his comment does make me wonder what the true numbers are.
LT, Hill AFB
5/30/2013 8:30:04 PM ET PB please share or cite your source for 1 percent
JD, KC MO
5/30/2013 3:49:18 PM ET PB what is the source of your statement about 1 percent of the cases Not being funny but sounds like you were trying to discount a concern Sarge brought up
Lemmy, Italy
5/29/2013 6:23:22 PM ET PB I believe the kind of counsel that old sarge is referring to is not counsel in the legal sense. Of course the defendant is given a lawyer. This entire article is referring to COUNSELING that the victim receives. Old Sarge is asking is the falsely accused perpetrator would also receive couseling because being falsely accused of a crime such as this has got to be an extremely traumatizing experience.
MSgt Brian Potvin, Deployed SWA
5/29/2013 3:25:29 PM ET Yes SNCO NC we need another culture change since the current one we recently adopted isn't going do well right now.
Wolf-1, Earth
5/29/2013 12:02:30 PM ET Old Sarge false accusations are serious business but they're nowhere near as common as you'd like to believe -- they're about 1 percent of cases if that. And defendants are legally entitled to have counsel provided to them so I'm not sure what you're bellyaching about.
PB, US
5/29/2013 11:02:07 AM ET I agree with Another Old Sagre what about the menwomen who're falsely accused You don't think it's stressful for someone to have accusations held on himher over a 6-8 month time while OSI does their investigation There's always two sides to a story. Too many people are forgetting that point.
SSgt, JBER AK
5/29/2013 7:01:02 AM ET How about the other victims in all of this the men who are falsely accused of sexual assault. If this program will help a victim who is really the perpetrator making false accusations how will the accused survive the process That needs to be addressed.
Another Old Sagre, Here
5/28/2013 2:31:01 PM ET All of these programs are great and look great on paper. The ultimate goal is to stop the assualts from happening in the first place. Until a culture change happens these programs are going to be fruitless.
SNCO NC, East Coast
5/26/2013 10:23:02 AM ET If providing support to survivors of sexual assault is much more than checking a box. Tell that to the women who have had their careers ended because their chain of command was ignorant and wanted to save face after being raped.
staff sgt noneya, nowhere close
5/24/2013 4:45:06 PM ET There is two sides to a story we are only hearing one side.
