New Special Victims’ Counsel available for Team Aviano

  • Published
  • By Capt. Rick Hanrahan
  • 31st Fighter Wing
AVIANO AIR BASE, Italy --  A full-time Special Victims' Counsel is now available for Team Aviano members. Capt. Rick Hanrahan, the new SVC, provides an overview of the current services for members who have been victims of sexual assault.

What is a Special Victims' Counsel?
An SVC is a military attorney who specializes in representing victims of sexual assault, sexual misconduct, stalking and other similar crimes.

How is an SVC different from the base legal office or area defense counsel?
The base legal office has attorneys who work for the government of the U.S. Air Force while the area defense counsel works for Air Force members charged or accused of crimes. In contrast, an SVC works for victims including Air Force members and their dependents. The SVC has a separate office and different chain of command from the base legal office and ADC. Its program chief is located in Washington, District of Columbia.

How many SVCs are there in the Air Force?
There are approximately 30 full-time SVCs worldwide and eight Special Victims' Paralegals. In U.S. Air Forces in Europe and Air Forces Africa, there are four SVCs located at Aviano, Ramstein and RAF Lakenheath.

When did the SVC Program begin?
It started in January, 2013 as a test program in the Air Force. It was the first program in the Department of Defense to offer victims free, legal representation. Its success allowed for all military branches to have their own special victims' counsel-type programs.

What is the purpose of the SVC Program?
The SVC program was created for three main reasons
- To empower victims by removing barriers from their full participation in the military justice process
- To provide victims zealous advocacy by protecting their rights
- To provide legal advice by developing victims' understanding of the complex investigatory and military justice system

Who is eligible for an SVC?
Eligibility is initially determined by statute, which authorizes services for active duty, dependents, Guard, Reserve, and certain other individuals.  There are also clients who we may make exceptions to, depending on the request. However, if a victim is eligible for an SVC at the time of the offense, especially if it is reported, they can contact the SVC office directly and request consideration.

If the offense happened years ago, is the victim still eligible for an SVC?
It depends on the status of the victim when the offense occurred.

Do SVCs represent minors?
Yes, SVCs now represent children of active-duty members or Guard and Reserve on Title 10 orders.

What if a victim doesn't know who the perpetrator is or if the perpetrator was a civilian?
If the victim is active duty, it doesn't matter whether the perpetrator is known, unknown, civilian or military. For everyone else, the status of the perpetrator is required.

How much does SVC assistance cost?
SVC services are free! 

What if I meet with an SVC and then determine I don't want one?
The client or victim who meets with the SVC has absolutely no obligation to retain the SVC. If you or someone you know would like to learn more about SVCs services, you are welcome to make an appointment.

What do SVCs do for their clients?
SVCs offer several services to help support their clients
- Provide consultation and advice
- Make referrals for numerous types of services
- Attend all interviews with the victim
- Speak to other agencies on the clients behalf
- Represent the client in courts or at discharge boards
- Assist in cases involving retaliation against victims for reporting a crime
- Work through and explain the numerous legal processes

What are some legal rights that victims are entitled to?
Rights afforded to clients essentially include:
- Being reasonably protected from the offender
- The right to notice of identified events in the military justice process about the case
- The right not to be excluded from any public hearing involving the case, with some limited exceptions
- The right to be reasonably heard at certain hearings
- The right to communicate with government counsel in the case
- The right to receive restitution, if available
- The right to be provided information about any conviction, sentence, imprisonment, and release of the offender
- The right to legal proceedings free from unreasonable delay
- The right to be treated with fairness and respect for a victim's dignity and privacy

If the offense occurred off base by a civilian, can the SVC represent a victim in Italian court?
While SVCs can still offer those victims confidential consultation, advice and other services related to the offense, because they are not licensed in Italy, they cannot appear in Italian court.

Is the victim's communication to the SVC protected?
Absolutely! Everything told by a victim to an SVC is confidential and protected by attorney-client privilege. This means the SVC cannot tell anyone what a victim says unless the victim gives permission. There are only limited exceptions where an SVC could tell someone about their conversations such as if the victim tells the SVC that he or she is going to commit a crime or the SVC has to defend a claim made by the victim against the SVC.

If a victim doesn't want anyone to know about the crime, can a victim talk to an SVC through a restricted report?
Yes, victims can speak to SVCs through a restricted report without letting anyone else know.

If a victim wants to leave the unit, squadron or base, can the SVC assist with this?
Yes, depending on the victim's status, nature of the case. The SVC can assist with applying for a transfer of either the victim or perpetrator to another unit, squadron or base.

How long does SVC representation last?
Once the SVC enters into an ongoing attorney-client relationship that SVC remains the counsel for the victim for all matters relating to the sex-related offense, unless released by the client or terminated for good cause, including but not limited to separation or retirement.

What is the role of the Special Victims' Paralegal at Aviano Air Base?
The paralegal is an extension of that attorney-client team for victims. They maintain the privileged communication just as the SVC does. The paralegal conducts the administrative tasks involved and manages initial requests.  They also act as another point of contact when the attorney may not be available.  The paralegal will likely be the first contact you have with the SVC office; they can answer questions you may have to ensure you receive the services needed.  Simply put, they handle everything behind the scenes and will be just as involved as the attorneys on a case so don't hesitate to utilize them as well.

How can I contact our new SVC?
If you have any questions about the program or seek representation for you or someone else, please contact:

Capt. Rick Hanrahan at 0434-30-2430 or richard.hanrahan.2@us.af.mil
Tech. Sgt. Anna Nakamoto at 011-49-6371-405-4782 or anna.nakamoto@us.af.mil

For after-duty hours, call the command post at 0434-30-3100 and ask to speak to the SVC.