Military Rape Crisis Center

Know your rights

Your Rights as a Survivor of Military Sexual Violence

What you can choose, what support you can ask for, and what protections apply, from the moment you report through the end of the case.

Need to talk to someone now?

You can reach the Military Rape Crisis Center at hello@stopmilitaryrape.org or (617) 299-0253.

Who this covers

This guide is for active-duty service members, and for service academy cadets and midshipmen who were on Title 10 orders when the assault happened. It applies if the person who harmed you was a service member on active duty at the time, or a student at a service academy.

Senior military college students are treated like ROTC participants and have different protections.

Choosing where and how to report

Military or civilian. You decide whether to go to military authorities, civilian police, or both. Which system ultimately takes the case is settled between the two jurisdictions, but the choice to report is yours.

Restricted or Unrestricted. These are the two paths:

Your medical records stay confidential on either path. DoD Safe Helpline can walk you through the options.

Service academy students can also bring an honor code complaint against another academy student. Title IX does not cover service academy students.

Support available right away

Protection from the accused and from retaliation

If safety is a concern, you can ask for a military protective order, a civilian restraining order, or temporary shelter. A military protective order cannot be enforced by civilian police off base, so anyone needing off-base protection should also get a civilian order locally.

Reprisal, ostracism, and maltreatment for reporting are prohibited, and your chain of command must act to prevent them. If retaliation happens, you can tell a SARC or SAPR VA, your SVC or VLC, or a commander outside your chain.

During the investigation and pretrial phase

• You are entitled to updates, including an arrest or a decision to stop investigating.
• You must be told in advance about public pretrial hearings, confinement hearings, and court proceedings.
• You may speak with trial counsel about a decision not to prosecute, pretrial confinement, and how a court-martial works.
• You may attend and be heard at the pretrial confinement hearing in person, by phone or video, in writing, or through counsel.
• You may attend the Article 32 hearing or decline to testify there. You can be kept out only if the hearing officer finds attending could shape your testimony.
• Your sexual and medical history is shielded at the Article 32 hearing, and you can request a copy of the transcript.

At trial and sentencing

• You may be present at the court-martial unless the judge finds attending could influence your testimony.
• You may address the court at sentencing about the physical, emotional, and financial harm you suffered, in person or in writing. The judge must approve your statement first.
• Your mental health records and sexual history are protected from disclosure in open court.
• You must be told promptly about any plea, separation, or non-prosecution agreement, unless sharing it would endanger a law enforcement proceeding or another person’s privacy.
• You are entitled to a case without unreasonable delay.
• You may ask for restitution as part of a plea agreement, clemency, or parole.
• You can receive help with travel, parking, childcare, lodging, and interpretation. If the trial is in another country, transportation must be provided when you are testifying.
• You will be told the sentence and general information on minimum release dates, parole, clemency, and supervised release.

After the verdict

• You will be told about post-trial rights and processes and can request the trial transcript.
• You may submit a written statement to the convening authority, who decides whether to keep or reduce the sentence, and you will be told what they decide.
• You will be notified of where the offender is confined, any transfer, parole, escape, release, or death in custody, and of release hearings, where you may attend and speak.
• You will be notified of appeals, including hearing dates and final decisions.
• Property held as evidence must be returned to you as soon as possible.

Veterans Affairs

If you were discharged under conditions other than dishonorable, you can use the VA’s military sexual trauma program.

MRCC can help with VA disability claims, discharge upgrades, and legal advocacy.

Please note

This page is general information, not legal advice. Military justice procedures have changed in recent years. Since late 2023, Offices of Special Trial Counsel make charging decisions for covered offenses, including sexual assault, so some details above, such as the convening authority’s role, may differ in your case. Procedures can also vary by service branch.

Ask your SARC, SAPR VA, or Special Victims Counsel what applies to you, or contact us and we will help you find the right person.

Ready to reach out?

Email hello@stopmilitaryrape.org, call (617) 299-0253, or message us on WhatsApp at (802) 578-4769.

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