Week 4
Theme: “We Will Not Tolerate Sexual Assault”
What does Navy leadership think about sexual assault?
Sexual assault is not only a reprehensible act, it is a criminal act. It is corrosive to our morale, to our readiness and to our combat ability. A culture change of no tolerance within all ranks is necessary to overcome this epidemic; it must be achieved through strong leadership and by holding perpetrators accountable.
What article in the UCMJ covers sexual assault?
Article 120 - rape, sexual assault, and other sexual misconduct. (SOURCE: Manual for Courts- Martial United States. 2008.)
What is a Restricted Report?
Restricted reporting allows a sexual assault victim to confidentially disclose the details of his or her assault to specified individuals and receive medical treatment and counseling, without triggering the official investigative process. Service members who are sexually assaulted and desire restricted reporting under this policy may only report the assault to the Sexual Assault Response Coordinator (SARC), Victim Advocates, Healthcare providers, and Chaplains.
Benefits of Restricted Reporting:
o Victim receives appropriate medical treatment, advocacy and counseling.
o Victim has time to consider options and to begin the healing process.
o Victim can seek relevant information and support, and make more informed decisions about participating in a criminal investigation.
o Victim controls the release and management of his/her personal information.
o Victim decides whether and when to move forward with initiating an investigation.
Limitations of Restricted Reporting:
o Perpetrator remains unpunished and at large.
o Victim cannot receive a Military Protective Order (MPO) or an expedited transfer.
o Perpetrator may continue to have contact with the victim.
o Evidence from the crime scene may be lost.
o Victims are limited to a few specified individuals with whom they can discuss the sexual assault.
(SOURCE: Sexual Assault Prevention and Response: Reporting Options. ND. CNIC webpage.)
What is an Unrestricted Report?
Unrestricted Reporting
Available for:
o Active Duty Military
o Retired Military
o Civilians
o Family members 18 and older
Can be reported to:
o Sexual Assault Prevention and Response Victim Advocate (SAPR VA)
o Sexual Assault Response Coordinator (SARC)
o Military or civilian law enforcement
o Military or civilian Health Care Personnel (including FFSC counselors)
o Chain of Command
***With unrestricted reporting, the sexual assault must be reported to the command for all active duty members and to NCIS/military law enforcement for investigation for all active duty members and other beneficiaries
Services available:
o Victim Advocacy
o Medical Care
o Sexual Assault Forensic Exam
o Counseling
Benefits of Unrestricted Reporting:
o Ensures the widest range of rights and protections to the victim.
o Command assistance regarding safety and assignment (e.g., Military Protective Orders-MPOs, expedited transfer, deferred collateral misconduct, etc.).
o Accountability of perpetrator.
o Enhanced community safety.
Limitations of Unrestricted Reporting:
o Victim cannot change to Restricted Reporting.
o Victim may consider investigation or legal process too intrusive.
o Assault will be known and discussed amongst those with a need to know.
o Investigation and court proceedings may be lengthy (approximately 6-18 months).
o Offender(s) may not be convicted.
(Source: Sexual Assault Prevention and Response: Reporting Options. ND. CNIC webpage.)
FACT: The Department of Defense ODODP estimates that legal expenses that result from military sexual assault cases average $40,000 per case. With 481 sexual assault-related courts-martial in 2010, DOD legal expenses totaled more than 19 million dollars. (SOURCE: Department of Defense, SAPRO. 2010; 2011.)
FACT: Approximately 2/3 of rapes are committed by someone known to the victim. 73% of sexual assaults are perpetrated by a non-stranger. 38% of rapists are a friend or acquaintance of the victim; 28% are an intimate partner; 7% are a relative. (SOURCE: U.S. Department of Justice. 2005 National Crime Victimization Study, 2005)
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