Special Victim Units-Not a Prosecution Program but a Justice Program

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[...] this article discusses how judge advocates should best utilize these assets both as trial counsel and as defense counsel.

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Special Victim Units-Not a Prosecution Program but a Justice Program

Introduction

In the criminal justice system sexually based offenses are considered especially heinous. In New York City the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.1

Many large cities such as Chicago,2 New York City,3 Seattle,4 and Atlanta,5 to name just a few, have a special division or unit set up to handle the investigations and prosecutions of sexual assault crimes. In March 2009, the Department of the Army followed the path of these civilian agencies when it authorized additional assets to the Office of The Judge Advocate General (OTJAG) and the U.S. Army Criminal Investigation Command (CID) "to support the investigation and prosecution of sexual assault cases and expand their efforts regarding sexual assault prevention."6 The additional resources for OTJAG include seven highly qualified experts (HQEs) and fifteen additional authorizations for judge advocates who will focus primarily on sexual assault litigation and training during a three-year tour.7 The Department of the Army authorized CID seven HQEs, thirty additional special civilian investigators, and more than thirty additional laboratory examiners.8 The special civilian investigators and laboratory examiners will be selected based upon their extensive backgrounds and experience in the investigation of sexual assaults and domestic violence.9

This article begins by examining the circumstances which led to the authorization of the hiring of the HQEs and other experts involved in the investigation and prosecution of sexual a...

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