Office of Special Trial Counsel Frequently Asked Questions
Q: What is the mission of the OSTC? Where is it located, and how many personnel are attached to it?
A: The OSTC is a new legal organization reporting to the Secretary of the Navy. It is staffed primarily by special trial counsel (STC) – judge advocates with specialized education, training, and experience, as well as the required temperament. The OSTC has exclusive authority over all covered offenses – primarily personal violence offenses, and specifically including sexual assault – and it will be exclusively responsible for prosecuting those offenses at general and special courts-martial. STC are led by the lead special trial counsel (LSTC). The OSTC organization includes approximately 90 personnel – officers, enlisted members, and civilian teammates – in 10 locations around the globe, as well as the headquarters in Washington, D.C.
Q: Who is the leader of the Navy’s OSTC? What is his background?
A: Rear Adm. Jon Stephens serves as the Navy’s first-ever LSTC. He assumed his duties in 2022, and he reports directly to the Secretary of the Navy.
Q: As a Sailor, how will I be impacted by military justice reforms? How will the OSTC affect me?
A: The adoption of these reforms has been – and will continue to be – seamless. There has been no interruption in military justice services across the Fleet. The establishment of the OSTC – an entity that is independent from a service member’s chain of command – and the implementation of other reforms help promote fairness for all personnel. The Navy is working hard to maintain a military justice system worthy of your trust.
Q: Is there a new process for reporting sexual assault after these military justice reforms?
A: The Navy’s victim reporting process remains the same. There have been no changes to existing procedures. Importantly, the OSTC will not receive a restricted report unless it is subsequently unrestricted.
Q: What criminal offenses are considered covered offenses?
A: Covered offenses include the following Uniform Code of Military Justice articles:
- 117a (crimes involving intimate visual images);
- 118 (murder);
- 119 (manslaughter);
- 120 (rape and sexual assault);
- 120b (rape and sexual assault of a child);
- 20c (miscellaneous sex offenses);
- 125 (kidnapping);
- 128b (domestic violence);
- 130 (stalking);
- 132 (retaliation);
- 134 (child pornography); and
- Conspiracies, solicitations, or attempts of these offenses.
Q: Now that the OSTC is fully operational, how do Navy commands report covered offenses?
A: As of Dec. 28, 2023, commands must promptly report covered offenses to the OSTC. This website includes a list of the OSTC office locations and points of contact, as well as procedures for reporting. A NAVADMIN message will soon be released detailing this new reporting requirement and listing instructions.
Q: How are OSTC prosecutors and personnel selected and trained?
A: All certified STC must be members of the Navy JAG Corps Military Justice Litigation Career Track, which requires quantitative and qualitative experience, on-the-job training, personal recommendations by senior judge advocates, and selection by a board of senior Navy military justice experts. Each STC was personally detailed to a STC billet by the Judge Advocate General of the Navy, based on their qualification by reason of education, training, experience, and temperament. In addition to previous on-the-job training and formal classroom education throughout their careers as judge advocates, each STC also attended the inaugural three-week Special Trial Counsel Certification Course (STCCC) in 2023 which focused on litigation of covered offense cases. After the successful completion of the STCCC, each counsel was certified by the Judge Advocate General of the Navy.
Q: Besides the OSTC, what other military justice reforms have occurred?
A: Other military justice reforms include rollout of a new, military judge-alone sentencing system with parameters and criteria; expanded access by accused service members to the appellate court; broader notification rights for crime victims; randomized selection of service members detailed to court-martial panels; and increased resources and request procedures for defense counsel.
Q: How has the Navy made sure all Sailors are aware of and understand these reforms?
A: During the past year, the Navy has worked to build awareness and understanding of military justice reforms via training and communication. For example, NAVADMIN 267/23 recently outlined military justice reform training requirements for all Navy leaders. Throughout this calendar year, OSTC and other JAG Corps personnel have conducted numerous site visits across the Fleet to share details about the forthcoming reforms. Training materials also have been circulated to the worldwide Navy Chief’s Mess, and those enlisted leaders will, in turn, train their Sailors. Going forward, information about the reforms will be included in the Navy’s General Military Training curricula as part of the Sexual Assault Prevention and Response training. Additionally, a video message and fact sheet will be disseminated Fleetwide explaining the reforms.