Victims of Military Sexual Assault and Access to Interlocutory Appeals: The Need to Go Beyond the Ordinary Review Standard for Writs of Mandamus

Abstract

This project analyzes whether writs of mandamus filed by victims of sexual assault in the military justice system should be reviewed at the standard of an ordinary interlocutory appeal. The project conducts a policy analysis of the role of victims in the courts-martial process as well as the impact on defendants of expanded victim interlocutory appellate rights. At the end of the analysis, the author recommends that Article 6b of the Uniform Code of Military Justice should be amended in four ways. First, language should be added that requires military courts of appeals to apply ordinary standards of interlocutory appellate review for victim writs of mandamus. Second, the statute should include a time limit when the court must respond to a petition for a writ of mandamus. Third, the statute should require the judge to include a substantive opinion when issuing a decision on a petition for a writ of mandamus. Finally, the statute should explicitly give the Court of Appeals for the Armed Forces jurisdiction to hear appeals regarding victim writs of mandamus.