| Report Name and Recommendation # | Description | Recommendation & Status | Action |
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DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-33 Dec 2020 |
(DoD) Designate the military personnel system as primary data system for collecting military personnel demographics | Recommendation 33: The Secretary of Defense designate the military personnel system as the primary data system in the Department of Defense for the collection of demographic information such as race and ethnicity. All other Department of Defense systems that collect demographic data regarding military personnel, such as the military criminal investigative system and the military justice system, should obtain demographic information on military personnel from the military personnel system. Implementation: (DoD), Acting SecDef Memo. Actions to Improve Racial and Ethnic Diversity and Inclusion in the U.S. Military (Dec. 17, 2020) – Requires a plan to standardize a DoD Human Resources Data System for Diversity and Inclusion Analysis. | Acting SecDef Memo (Dec. 17, 2020) |
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DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-34 Dec 2020 |
(DoD) Direct the military to uniformly record race and ethnicity in MCIO databases | Recommendation 34: The Secretary of Defense direct each Military Department to record race and ethnicity in military criminal investigative organization databases, military justice databases, and military personnel databases using the same racial and ethnic categories. The Secretary of Defense should direct each Military Department to report race using the following six categories: American Indian or Alaskan Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, More Than One Race/Other, and White, and to report ethnicity using the following two categories: Hispanic or Latino and Not Hispanic or Latino. Implementation: (Congress) FY 22 NDAA § 549G directs the Services to submit annually to SecDef a report on racial, ethnic and gender demographics in the military justice system from the prior year with statistics on UCMJ offenses and disciplinary actions. SecDef must provide these reports to Congress by April 30 of each year. (DoD) OGC Memo, Recording Court-Martial Demographic Information (June 8, 2020) (DoD) Internal Review Team on Racial Disparities in the Investigative and MJ Systems Report (Aug. 31, 2022). | FY 22 NDAA § 549G DoD OGC Memo (June 8, 2020) DoD Internal Review Team on Racial Disparities in the Investigative and MJ Systems Report (Aug. 31, 2022) |
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DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-36 Dec 2020 |
(DoD) Require Services to track demographic data for victims and subjects throughout the military justice process |
Recommendation 36: The Secretary of Defense direct the Military Departments to record and track the race, ethnicity, sex, gender, age, and grade of the victim(s) and the accused for every investigation initiated by military law enforcement in which a Service member is identified as a subject through the final disposition within the military justice system. Implementation: (DoD) GC Memo, Recording Court Martial Demographic Information (June 8, 2020) (directing collection of race, ethnicity, & gender of accused and victim for every court-martial) (DoD) GC Memo, Revised Uniform Standards and Criteria Required by Article 140a, UCMJ (Jan. 17, 2023) (mandatory data collection fields with race/ethnicity for accused but not victim) |
Incomplete implementation in DoD GC Memos to the Military Depts |
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Number Brief Description Recommendation and Implementation Status Action DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities In the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-37 Dec 2020 |
(DoD) Require Services maintain race and ethnicity data of all participants involved in the processing of sexual offense cases |
Recommendation 37: The Secretary of Defense direct the Military Departments to record, beginning in fiscal year 2022, the race and ethnicity of military police and criminal investigators, trial counsel, defense counsel, victims’ counsel, staff judge advocates, special and general convening authorities, preliminary hearing officers, military court-martial panels, military magistrates, and military trial and appellate court judges involved in every case investigated by military law enforcement in which a Service member is the subject of an allegation of a contact or penetrative sexual offense. The source information for these data should be collected from the military personnel databases and maintained for future studies by the DAC-IPAD on racial and ethnic disparities in cases involving contact and penetrative sexual offenses. Implementation: No response from DoD as of Nov. 2023. |
No action |
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DAC-IPAD Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military R-38 Dec 2020 |
(DoD) Require the MJRP to assess race and ethnicity demographics of all participants involved in the military justice system | Recommendation 38: The Secretary of Defense direct the newly established Military Justice Review Panel to determine whether to review and assess, by functional roles and/or on an individual case basis, the race and ethnicity demographics of the various participants in the military justice process, including military police and criminal investigators, trial counsel, defense counsel, victims’ counsel, staff judge advocates, special and general convening authorities, preliminary hearing officers, military court-martial panels, military magistrates, and military trial and appellate court judges. Implementation: No response from DoD as of Nov. 2023. | No action |
| Report Name and Recommendation # | Description | Recommendation & Status | Action |
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DAC-IPAD Special Victims’ Counsel/ Victims’ Legal Counsel Program Report R-41 ' Aug 2022 |
(DoD) Services should adopt an 18-month minimum assignment length |
Recommendation 41: All of the Services should adopt an 18-month minimum assignment length for SVC/VLC serving in their first tour as a judge advocate, and a 24-month minimum for all other SVCs/VLCs, with appropriate exceptions for personal or operational reasons. Implementation: (DOD) New DoD Instruction is pending and expected to address Service special victims’ counsel programs. |
Pending: DoDI on special victims’ counsel program |
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DAC-IPAD Special Victims’ Counsel/ Victims’ Legal Counsel Program Report R-42 Aug 2022 |
(DoD) Army should establish an independent rating structure | Recommendation 42: The Army should establish an independent supervisory rating structure for SVCs outside of the OSJA [Office of the Staff Judge Advocate] and local command. Implementation: (DOD) New DoD Instruction is pending and expected to address Service special victims’ counsel programs. | Pending: DoDI on special victims’ counsel programs |
DAC-IPAD Reports
Reforming Pretrial Procedures & Establishing Uniform Prosecution Standards, June 9, 2023
Appellate Review Study, March 30, 2023
Report on Victim Impact Statements at Courts-Martial Presentencing Procedures, March 30, 2023
Fifth Annual Report, March 30, 2023
Fourth Annual Report: March 30, 2020
Court-Martial Adjudication Data Report: November 25, 2019
Third Annual Report: March 26, 2019
Article 140a, UCMJ, Implementation Recommendations Letter: September 13, 2018
About Us
The Defense Advisory Committee on the Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) was established by the Secretary of Defense under the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015. Since its inception, DAC-IPAD has played a crucial role in reforming military justice related to sexual assault and ensuring fairness for victims and the accused.
Our Key Work
- Case Reviews: Conducted a comprehensive review of 1,904 criminal cases involving adult sexual offenses, highlighting the need for better criteria for referring cases to trial.
- Prosecution Standards: Recommended and succeeded in establishing uniform prosecution standards, now adopted by the Secretary of Defense, to ensure fair and consistent handling of cases.
- Site Visits: Visited military installations worldwide to speak candidly with military justice practitioners, military leaders, and junior Servicemembers to gauge how changes in sexual assault laws and policies affect the force.
Our Team
Our committee is composed of distinguished professionals, including current and former judges, prosecutors, defense attorneys, criminologists, forensic experts, and legal scholars. Together, we leverage our expertise to advise Congress and the Department of Defense on handling sexual misconduct cases within the Armed Forces.
Establishing Documents
Victim Impact Statements at Court-Martial Presentencing Proceedings
| Report Name and Recommendation # | Description | Recommendation and Implementation Status | Action |
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DAC-IPAD Victim Impact Statements Report R-43 March 2023 |
DoD and President) JSC should draft amendment to R.C.M 1001(c)(2)(B) |
Recommendation 43: The Joint Service Committee on Military Justice (JSC) draft an amendment to R.C.M. 1001(c)(2)(B) adding the words “or indirectly” to the definition of victim impact, amending the section as follows: “For purposes of this subsection, victim impact includes any financial, social, psychological, or medical impact on the crime victim directly or indirectly relating to or arising from the offense of which the accused has been found guilty.” IMPLEMENTATION: EO 14103, Annex 3, amends R.C.M. 1001(c) and victim impact statements at presentencing proceedings to remove the word “directly” before the words “relating to or arising from” from the definition of victim impact. These amendments took effect Dec. 27, 2023. |
EO 14103 (July 28, 2023) and R.C.M. 1001(c) (2)(B) |
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DAC-IPAD Victim Impact Statements Report R-44 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(3) | Recommendation 44: The JSC draft an amendment to R.C.M. 1001(c)(3) by adding a sentence stating that a victim impact statement may include a recommendation of a specific sentence except in capital cases. IMPLEMENTATION: EO 14103 amends R.C.M. 1001(c)(3) to allow victims to recommend a specific sentence during their impact statements in noncapital cases. | EO 14103 (July 28, 2023) and R.C.M. 1001(c) |
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DAC-IPAD Victim Impact Statements Report R-45 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(5)(A) |
Recommendation 45: The JSC draft an amendment to R.C.M. 1001(c)(5)(A) allowing submission of the unsworn victim impact statement by audiotape, videotape, or other digital media, in addition to allowing the statement orally, in writing, or both. IMPLEMENTATION: No response from DoD as of Nov. 2023. |
No action |
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DAC-IPAD Victim Impact Statements Report R-46 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(5)(B) | Recommendation 46: The JSC draft an amendment to R.C.M. 1001(c)(5)(B) to remove the “upon good cause shown” clause to be consistent with the JSC’s proposed change to R.C.M. 1001(c) (5)(A). IMPLEMENTATION: EO 14103 amends R.C.M. 1001(c)(5) to remove the requirement to show “good cause” in order for the victim’s counsel to read the victim impact statement. | No action |
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DAC-IPAD Victim Impact Statements Report R-47 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(5)(B) |
Recommendation 47: The JSC draft an amendment to R.C.M. 1001(c)(5)(B) to remove the requirement that the victim provide a written proffer of the matters addressed in their unsworn statement to trial and defense counsel after the announcement of findings. IMPLEMENTATION: EO 14103 amends R.C.M. 1001(c)(5) to remove the requirement that a victim provide a written proffer of the matters addressed in their victim impact statement to the trial counsel and defense counsel after the announcement of findings. |
EO 14103 (July 28, 2023) and R.C.M. 1001(c) (5) |