Defense Advisory Committee on Investigations, Prosecution, and Defense of Sexual Assault in the Armed Forces
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    • Annual Reports
      • Sixth Annual Report - March 2024
      • Fifth Annual Report - March 2023
      • Fourth Annual Report - March 2020
      • Third Annual Report - March 2019
      • Second Annual Report - March 2018
      • Initial Report - March 2017
    • Individual Topic Reports
      • DAC-IPAD Report on Enforcement of Crime Victims’ Rights
      • Site Visit Observations Report
      • Exploring the Race, Ethnicity, and Gender of Military Panels at Courts-Martial
      • Recommendations for a Uniform Policy for Sharing Information with Victims and Their Counsel
      • Randomizing Court-Martial Panel Member Selection
      • Assessment on Collateral Misconduct
      • Report on Reforming Pretrial Procedures & Establishing Uniform Prosecution Standards
      • Report on Victim Impact Statements
      • Appellate Review Study
      • Report on Tour Lengths and Rating Chain Structure for Services' Special Victims' Counsel/Victims' Legal Counsel (SVC/VLC) Programs
      • Report on Racial and Ethnic Data Relating to Disparities in the Investigation, Prosecution, and Conviction of Sexual Offenses in the Military
      • Report on Investigative Case File Reviews for Military Adult Penetrative Sexual Offense Cases Closed in Fiscal Year 2017 - October 2020
      • Guardian ad Litem Report - June 2020
      • Court-Martial Adjudication Data Report - November 2019
    • Committee Letters
      • DAC-IPAD Letter to DoD - July 2024
      • Letter on Article 34, Uniform Code of Military Justice - April 2024
      • Letter to HASC: Additional Information Regarding FY17 Special & Summary Courts-Martial - April 2019
      • Article 140a, UCMJ, Implementation Recommendations Letter - September 2018
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  • Meetings
    • 2024
      • March 12-13, 2024
      • February 21, 2024
      • December 3-4, 2024
      • June 11-12, 2024
      • June 27, 2024
      • September 17, 2024
    • 2023
      • September 19-20, 2023
      • December 5-6, 2023
      • May 30, 2023
      • March 30, 2023
      • March 14, 2023
      • February 21-22, 2023
      • June 13-14, 2023
    • 2022
      • April 21, 2022
      • June 21-22, 2022
      • September 21, 2022
      • December 6-7, 2022
    • 2020
      • February 14, 2020
      • May 15, 2020
      • August 21, 2020
      • October 23, 2020
      • November 6, 2020
      • December 4, 2020
    • 2019
      • January 25, 2019
      • February 22, 2019
      • August 23, 2019
      • September 14, 2019
      • November 15, 2019
    • 2018
      • January 19, 2018
      • March 9, 2018
      • April 20, 2018
      • July 20, 2018
      • August 23, 2018 (RESCHEDULED)
      • September 7, 2018
      • October 19, 2018
    • 2017
      • January 19, 2017
      • April 28, 2017
      • July 21, 2017
      • October 19 - 20, 2017
    • Meeting Materials
  • Transcripts
    • 2024
      • December 4, 2024
      • December 3, 2024
      • September 17, 2024
      • June 27, 2024
      • June 12, 2024
      • June 11, 2024
      • February 21, 2024
      • March 12, 2024
      • March 13, 2024
    • 2023
      • December 6, 2023
      • December 5, 2023
      • September 20, 2023
      • September 19, 2023
      • June 14, 2023
      • June 13, 2023
      • May 30, 2023
      • March 30, 2023
      • March 14, 2023
      • February 22, 2023
      • February 21, 2023
    • 2022
      • December 7, 2022
      • December 6, 2022
      • September 21, 2022
      • June 22, 2022
      • June 21, 2022
      • April 21, 2022
    • 2020
      • December 4, 2020
      • November 6, 2020
      • October 23, 2020
      • August 21, 2020
      • May 15, 2020
      • February 14, 2020
    • 2019
      • November 15, 2019
      • September 14, 2019
      • August 23, 2019
      • February 22, 2019
      • January 25, 2019
    • 2018
      • October 19, 2018
      • September 7, 2018
      • July 20, 2018
      • April 20, 2018
      • March 9, 2018
      • January 19, 2018
    • 2017
      • October 20, 2017
      • October 19, 2017
      • July 21, 2017
      • April 28, 2017
      • January 19, 2017
  • Public Comments
    • Public Comments to the DAC-IPAD
      • 2024
        • 1st Lt. Easterling (December 4, 2024)
        • Mrs. Alana Richards (December 4, 2024)
        • Mr. Jeremy Zier (December 4, 2024)
        • Mr. Jim Leipart (September 17, 2024)
        • Mr. Matthew Leipart (September 17, 2024)
        • Mr. Michael Saine (September 17, 2024)
        • Mr. Erik Burris (March 6, 2024)
        • Mr. Samuel Fye (June 4, 2024)
        • Ms. Samantha Schroeder (March 6, 2024)
        • Mr. Daniel Wilson (March 6, 2024)
        • Mr. Kendrick Woolsey
      • 2023
        • Mr. Jerry Clifft (December 1, 2023)
        • Mr. Arvis Owens (December 1, 2023)
        • Mr. & Mrs. Travis and Christie Clark (November 30, 2023)
        • Ms. Barb Snow (November 29, 2023)
        • Mr. Mario Jeffers: Written Statement (September 20, 2023)
        • Dr. Deborah Jenks: Written Statement (September 20, 2023)
        • Mr. Darin Lopez: Written Statement (September 20, 2023)
        • Mr. Ricardo Morales: Written Statement (September 20, 2023)
        • Mr. Harold Pflager: Written Statement (September 20, 2023)
        • Ms. Holly Yeager: Written Statement (September 20, 2023)
        • Ms. Holly Yeager: Written Statement (June 14, 2023)
        • Mr. Jerry Clifft: Written Statement (June 14, 2023)
        • Santucci: 10th Circuit Compaint
        • Santucci: 10th Circuit Reply
        • Save Our Heroes (March 8, 2023)
        • Free Our Warriors (March 8, 2023)
        • Mr. Garlan Burris - Statement provided during Public Comment (February 21, 2023)
        • Mr. Erik J. Burris - February 21-22, 2023
        • Mr. Darin G. Lopez - February 21-22, 2023
      • 2022
        • Mr. Clarence Anderson III - December 6-7, 2022
        • Public Comment (LCDR Dominguez-Ms. Mitchell-Ms. Gonzales) - December 6-7, 2022
        • Public Comment (Mr. Anderson-Mr. Lopez-Mr. Owens) - September 21, 2022
        • LCDR Manuel Dominguez - April 21, 2022
      • 2019
        • Protect Our Defenders Letter - November 15, 2019
        • Protect Our Defenders Letter - January 31, 2019
        • Save Our Heroes Letter - January 25, 2019
      • 2018
        • Human Rights Watch Letter - January 10, 2018
        • Save Our Heroes Letter - September 4, 2018
    • Public Comments from the DAC-IPAD
      • Joint Service Committee
        • DAC-IPAD Public Comments on R.C.M. 1001(c) (December 12, 2023)
        • DAC-IPAD Public Comments on R.C.M. 1001(c) and OSTC (November 17, 2022)
        • JSC Response to DAC-IPAD Public Comments on R.C.M. 1001(c) and OSTC
    • Submission Guidance
  • Requests for Information
    • Requests for Information - 2025
      • Request for Information - Psychotherapist-Patient Privilege
    • Requests for Information - 2024
      • Request for Information - Feasibility and Advisability of Conviction Integrity Units (February 6, 2024)
    • Requests for Information - 2023
      • Request for Information–Victim Access to Information (May 31, 2023)
      • Request for Information - Article 25, UCMJ (April 24, 2023)
      • Request for Information for FY21 and FY22 Case Adjudication Documents
      • Request for Information for FY23 Case Adjudication Documents
    • Requests for Information - 2022
      • Request for Information Regarding Diversity Statistics for Service Judge Advocate Generals’ Corps
      • Request for Information - Military Justice Issues (July 27, 2022)
      • Request for Information - Victim Impact Statements under Rule for Courts-Martial 1001(c) (July 26, 2022)
      • Request for Information Regarding Special Trial Counsel Training
    • Requests for Information - 2017-2021
      • Request for Information - Set 1
        • Request for Information - Set 1: Transmittal Letters
        • Request for Information - Set 1: Questions & Responses
      • Request for Information - Set 2
        • Request for Information - Set 2: Transmittal Letter
        • Request for Information - Set 2: Questions & Responses
      • Request for Information - Set 3
        • Request for Information - Set 3: Transmittal Letter
        • Request for Information - Set 3: Questions & Responses
      • Request for Information - Set 4
        • Request for Information - Set 4: Transmittal Letters
        • Request for Information - Set 4: Questions 1 - 6
        • Request for Information - Set 4: Questions & Responses (Questions 1, 2, 3, and 5)
      • Request for Information - Set 5
        • Request for Information - Set 5: Transmittal Letters
        • Request for Information - Set 5: Questions & Responses
      • Request for Information - Set 6
      • Request for Information - Set 7
      • Request for Information - Set 8
      • Request for Information - Set 10
      • Request for Information - Set 11 (With Responses)
      • Request for Information - Sets 15,16,17 (With Responses)
  • Reading Room
    • DAC-IPAD 2020: Policy Subcommittee Reading Materials
    • Case Review Subcommittee
    • Special Projects Subcommittee
    • Policy Subcommittee
  • Recommendations
    • Recommendations and Implementation Status - December 2023
    • Recommendations and Implementation Status - June 2023
    • Recommendations and Implementation Status - March 2023
    • Recommendations and Implementation Status - August 2022
    • Recommendations and Implementation Status - December 2020
Report Name and Recommendation # Description Recommendation & 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-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)

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)

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

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

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

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

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

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 

DAC-IPAD Charter

DAC-IPAD Charter and Membership Balance Plan

DAC-IPAD Membership Balance Plan 2022-2024

Victim Impact Statements at Court-Martial Presentencing Proceedings 

Report Name and Recommendation # Description Recommendation and Implementation Status Action

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)

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)

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

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

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)

Reforming Pretrial Procedures and Establishing Uniform Prosecution Standards 

Report Name and Recommendation # Description Recommendation and Implementation Status Action

DAC-IPAD Report on Reforming Pretrial Procedures and Establishing Uniform Prosecution Standards R-48a

June 2023

(Congress) Amend Article 32

Recommendation 48a: Amend Article 32 to provide that a preliminary hearing officer’s determination of no probable cause precludes referral of the affected specification(s) to a general court-martial—subject to reconsideration as described in Recommendation 48b—without prejudice to the government to prefer new charges.

IMPLEMENTATION: No legislative change as of Jan 2024.

No action

DAC-IPAD Report on Reforming Pretrial Procedures and Establishing Uniform Prosecution Standards R-48b

June 2023

(Congress) Amend Article 32 (DoD and President) JSC should draft amendment to R C M  405

Recommendation 48b: Amend Article 32 and Rule for Courts Martial 405 to permit reconsideration of a preliminary hearing officer’s no-probable-cause determination upon the presentation of newly discovered evidence, or evidence that, in the exercise of due diligence, could not reasonably have been obtained before the original hearing, subject to the following: 1.  Trial counsel, within 10 days of receiving the preliminary hearing officer’s report, petitions the preliminary hearing officer to reopen the Article 32 preliminary hearing stating the nature of the newly discovered evidence and the reason it was not previously presented. After 10 days, a petition may be made only for good cause shown. The preliminary hearing officer shall reconsider their previous no-probable-cause determination one time upon reopening the Article 32 preliminary hearing to receive the evidence as described above. After reconsideration, the preliminary hearing officer’s determination as to whether probable cause exists is final, but is without prejudice to the government to prefer new charges.

IMPLEMENTATION: No response from Congress or DoD as of Jan. 2024.

No action

DAC-IPAD Report on Reforming Pretrial Procedures and Establishing Uniform Prosecution Standards R-49

June 2023

(DoD) Revise Appendix 2 1, Manual for Courts-Martial

Recommendation 49: The Secretary of Defense revise Appendix 2.1, Manual for Courts-Martial, to align with the prosecution principles contained in official guidance of the United States Attorney General with respect to disposition of federal criminal cases. These revisions should provide that special trial counsel refer charges to a court-martial, and judge advocates recommend that a convening authority refer charges to a court-martial, only if they believe that the Service member’s conduct constitutes an offense under the UCMJ, and that the admissible evidence will probably be sufficient to obtain and sustain a conviction when viewed objectively by an unbiased factfinder.

IMPLEMENTATION: On Oct. 24, 2023, SecDef signed revised Appendix 2.1 Disposition Guidance for the MCM implementing Recommendation 49. The new language reads: 2 1  Interests of Justice and Good Order and Discipline  a. Whether admissible evidence will probably be sufficient to obtain and sustain a finding of guilty in a trial by court-martial when viewed objectively by an unbiased factfinder; 2 3  Referral. b. A special trial counsel should not refer, and a staff judge advocate or other judge advocate involved in the disposition process should not recommend that a convening authority refer, a charge to a court-martial unless the special trial counsel, staff judge advocate, or other judge advocate believes that the Service member’s conduct constitutes an offense under the UCMJ and that the admissible evidence will probably be sufficient to obtain and sustain a finding of guilty when viewed objectively by an unbiased factfinder.

Appendix 2.1 Disposition Guidance for the MCM  (Oct. 24, 2023)

DAC-IPAD Report on Reforming Pretrial Procedures and Establishing Uniform Prosecution Standards R-50

June 2023

(DoD) Require training on prosecution standards Recommendation 50: The Secretary of Defense require all special trial counsel and judge advocates who advise convening authorities to receive training on the newly established prosecution standards in Appendix 2.1 of the Manual for Courts-Martial. The training shall emphasize the principle that referral is appropriate only if these special trial counsel advisors believe that the Service member’s conduct constitutes an offense under the UCMJ, and that the admissible evidence will probably be sufficient to obtain and sustain a conviction when viewed objectively by an unbiased factfinder. IMPLEMENTATION: No response from DoD as of Jan. 2024. No action
  1. Recommendation Implementation Status - December 2023
  2. December 3-4, 2024
  3. September 17, 2024
  4. Committee Members
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