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1 1 September 2014 Sexual Assault Prevention and Response (SAPR) Post-deployment Brief UNCLASSIFIED.

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Presentation on theme: "1 1 September 2014 Sexual Assault Prevention and Response (SAPR) Post-deployment Brief UNCLASSIFIED."— Presentation transcript:

1 1 1 September 2014 Sexual Assault Prevention and Response (SAPR) Post-deployment Brief UNCLASSIFIED

2 2 Objectives Explain Navy Sexual Assault support services eligibility. Explain available services, reporting options, and eligibility benefits for service members and the Reserve component. Explain Military Rules of Evidence (MRE 514). Identify available resources.

3 3 DoD and DoN Sexual Assault Policies 3

4 4 The SAPR Program provides services for victims who are 18 or older, and whose perpetrator is not an intimate partner. This includes victims of sexual assault, rape, or sodomy; unwanted or abusive sexual contact; and any attempts to commit these above acts. The following personnel are eligible for SAPR services: -- Active-duty service members and their legal dependents -- Reservists who are sexually assaulted while performing active service and inactive duty training, and their legal dependents -- Civilians of incidents occurring on DoD/DoN jurisdiction -- Retired members of the military services and their legal family members (on a space-available basis) Navy Sexual Assault Support Services Eligibility

5 5 DoN Sexual Assault Policy DoN sexual assault policy applies to: Both on post and off post During duty and non-duty hours Work, living and recreational environments All locations, including deployed locations

6 6 Definition of Sexual Assault Intentional sexual contact is characterized by the use of: Force Threats Intimidation Abuse of authority Or, when the victim does not or cannot consent DoDD

7 7 Definition and Types of Sexual Assault Rape*Sexual intercourse without consent Forcible Sodomy* Oral or anal sex without consent Unwanted Sexual Contact* Groping, grabbing, fondling, or touching of a sexual nature without consent * Includes attempts to commit these acts DoDD

8 8 Definition of Sexual Harassment Sexual Harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: A person’s employment, pay, or career is placed at risk It creates an intimidating, hostile, or offensive work environment Sexual harassment incidents are referred to the Military Equal Opportunity Program.

9 9 Sexual Assault vs. Sexual Harassment Sexual Assault Violation of UCMJ Is always a crime Unwanted and uninvited sexual behaviors Gender neutral Covered under SAPR Can occur anywhere Victims can make confidential/restricted reports Sexual Harassment Violation of UCMJ May be a crime Unwanted and uninvited sexual behaviors Gender neutral Covered under Military Equal Opportunity Program Occurs in work or school settings All reports go to chain of command 9

10 10 Military Rules of Evidence (MRE) 514 Under MRE 514, a victim can now refuse to disclose communications made with his or her victim advocate when those conversations: -- Are made for the purpose of facilitating advice or supportive assistance, and -- When they are not intended to be disclosed to a third party A victim advocate, which includes the Sexual Assault Response Coordinator (SARC), can refuse to disclose these conversations on behalf of the victim. -- This privilege applies to all stages of a UCMJ proceeding – from an initial investigation of the crime by law enforcement to a court martial. 10

11 11 The Unit SAPR VA’s Role in the Response to Sexual Assault 11

12 12 Response Protocol 12 Victim HCP MP SARC Unit SAPR Victim Advocate Command 1. Assesses victim’s immediate needs (medical, safety, etc.) 2. Responds to victim’s immediate needs (medical, safety, etc.). Provides accompaniments. 3. Explains reporting options and obtains victim’s signature on Victim Reporting Preference Statement (DD2910) 4. Collects information to give to SARC for DSAID entries 5. Notifies SARC when non-SARC referral 7. Provides victim with ongoing resources and services, as requested by victim Follow-up Response Sources of Reports Immediate Response 8. Closes case when victim no longer wishes to have advocacy and case is fully adjudicated MRE 514: Victims can claim privilege and not disclose confidential communication made to the Unit SAPR VA DRC 6. Provides initial services to victim (stabilizes and provides needed resources)

13 13 SAPR Program Personnel Sexual Assault Response Coordinator (SARC) -- Builds and maintains liaisons with first responders, both military and civilian-based -- Provides oversight to SAPR VAs by monitoring their performance and response to victims of sexual assault -- Responsible for promoting awareness and prevention via Sexual Assault Awareness Month (SAAM) Unit SAPR Victim Advocate (SAPR VA) -- Provides crisis intervention, referral and ongoing non-clinical support to the sexual assault victim, upon request -- Informs victims of their reporting options -- Informs victims of their options to use service providers (e.g., medical, legal and chaplain) and other appropriate resources

14 14 Reporting Options 14

15 15 Restricted Reporting Option A restricted report can be made to a SARC, a SAPR VA, or health care personnel (including Deployed Resiliency Counselors). It gives victims access to medical, counseling, advocacy, legal, and chaplain services. Restricted reporting does not trigger an official investigation or command notification. It helps build victims’ trust in the system to encourage further reporting.

16 16 Unrestricted Reporting Option An unrestricted report can be made to a SARC, a SAPR VA, health care personnel (including Deployed Resiliency Counselors), law enforcement, or chain of command. It ensures the widest range of rights and protections to the victim. It activates command support (e.g., Military Protective Orders - MPOs, separation from offender, deferred collateral misconduct, expedited transfers, etc.). A full investigation enhances the opportunity to hold offender(s) accountable (e.g., crime scene, witness interviews, suspect interrogation). It may encourage other victims to come forward. It enhances community safety.

17 17 Understanding Consent Consent is NOT -- Cooperation that results from force, threat or fear -- The failure to verbally or physically resist due to fear -- Implied by prior consent -- Implied by manner of dress -- Possible when someone is incapacitated, unconscious or asleep Consent MUST encompass -- Positive and willful participation -- Voluntary action -- Knowledge of the act

18 18 Signs that someone may be substantially intoxicated: Cannot stand or sit without assistance Staggering or tripping when walking Passing out or falling asleep Slurred or loud speech Vomiting If a person is substantially intoxicated or incapacitated, he/she cannot legally consent to sex. The Relationship Between Alcohol and Sexual Assault

19 19 Sexual Assault Forensic Exam (SAFE) Medical exam to collect forensic evidence Administered by trained medical personnel Restricted and Unrestricted Reports Voluntary exam for victim Evidence is collected using a SAFE Kit, up to hours after sexual assault. SAFE Kit is only processed if the report is unrestricted. SAFE Kit is stored for five years for restricted reports.

20 20 Prevention Strategies and Behaviors 20

21 21 Bystander Intervention Be an active bystander: Intervene if you witness a situation that could lead to sexual assault. -- Direct Intervention: Directly speak with the person about possibly violating the law and codes of conduct, or ask if everything is okay. -- Indirect Intervention: Ask a friend or authority figure to intervene. -- Distraction: Create a distraction or diversion to remove someone from a risky situation. -- Protocol: Seek the help of your chain of command or law enforcement. 21

22 22 Resources 22

23 23 DoD Safe Helpline

24 24 Questions? 24

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