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Sexual Assault Prevention and Response (SAPR)
Deborah Morrison ANG/SAPR Program Manager (703)
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Objective To brief annual sexual assault prevention and response training in the AOR
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Overview Prevention Response Points of Contact SAPR program
Definition of Sexual Assault The Deployed Environment SARCs in the AOR The Victim Advocacy Program Safety Issues Response Restricted/Unrestricted reporting Post Sexual Assault Deployed SARC Information Points of Contact
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Program Background
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Policy DoD Policy Changes: DoD Directive (DoDD 6495.01) (Oct 05)
DoD Instruction (DoDI – SAPR Program Procedures signed June 23, 2006) DAF Policy Changes: AFI presently in coordination Will replace DAF Policy on Sexual Assault and Prevention, 03 Jun 2005 Signed, 23 Jun 06 by Under Secretary of Defense for Personnel and Readiness, effective immediately. The DODI implements policy, assigns responsibilities, provides guidance/procedures, and establishes the senior executive-level decision-making Sexual Assault Advisory Council (SAAC) for providing advice and counsel to the Secretary of Defense on all SAPR matters. Superseding 14 directive type memoranda (DTM) published as interim guidance between NOV 04 and Jun 05. Army policy – AR , Chapter 8 – is a new chapter governing the SAPR Program. Published in Feb 06, it supersedes previous policy issued by ALARACT messages from Nov 04 – Jan 06.
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Why A SAPR Program? Sexual Assault Reporting in the Military
Privacy concerns (crucial to reporting) Total Incidence and Prevalence is Unknown – only know what is reported Reporting is necessary to reduce sexual assault Restricted reporting will allow victims more privacy Unrestricted allows for Prosecution/Removal of Offenders Training Educates victims on their options Educates AF members on problem and how they can help The SARC program was created to provide victims with services. Restricted Reporting was implemented to encourage victims to come forward and get the help they may need. Communities need victims to stand up to perpetrators by reporting crimes and protecting others from assault by these offenders. Privacy and confidentiality are the key to increasing reporting by victims.
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Definition Sexual assault is a crime.
Sexual assault is defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim. “Consent” shall not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated, or unconscious. What is sexual assault? It is a crime. It is defined as intentional sexual contact that is characterized by the use of force, physical threat or abuse of authority. Further, It occurs when the victim does not or cannot consent.
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Why are Sexual Assaults Crimes ?
Sexual Assault is the general term for Acts of intentional sexual contact characterized by use of force Threats and intimidation or abuse of authority The victim does not or cannot consent. It harms the individual and society and has been made a crime by state legislatures and Congress. A crime is an act committed in violation of a law forbidding it and for which a court may impose a variety of punishments. These acts normally injure the general population or society and include those that cause serious loss or damage to individuals 8
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What is Consent? Words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person When there is not consent Expressing through words or conduct there is no consent Failing to express consent through use of force, threat of force, or placing another person in fear There is/has been a current or previous dating relationship The way the person is dressed 9
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Who do I Report to? AF Sexual Assault Response Coordinator (SARC)
Main point of contact for reporting, response and victim advocacy at installation level and deployed area (CENTAF SARC) SARC reports directly to the Vice Wing Commander Victim Advocate (VA) Assigned by SARC From different Organizations Male or Female Assists the Victim throughout process Referrals Information Appointments Help as long as needed 10
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Who do I Report to? Chaplains Health Care Providers (HCP)
Privileged communication that does not allow for entitlement of restricted reporting Chaplains will not breech covered communications. If the reporter would like a restricted/unrestricted case, they must speak with the SARC Health Care Providers (HCP) HCPs will not breech confidentiality with patients HCPs will report an incident has occurred to the SARC If the victim would like a restricted or an unrestricted case, they must speak with the SARC
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Sexual Assault Prevention Sexual Assault Response
SAPR Office Sexual Assault Response Coordinator Assistant SARC - Victim Advocate and WHAT WE DO Sexual Assault Prevention Training and Education to Institutionalize Core Values Advertising Campaigns Community Involvement Sexual Assault Awareness Month (April) Sexual Assault Response 24 / 7 Response Coverage Victims to “Survivors” Local Support Networks Trained Victim Advocates Monthly Case Management
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Preparing to Deploy Expect a brief that is Service specific to deployed Service members outside the United States Expect to hear about sexual assault prevention, offender accountability, and victim care in the deployed environment Expect to become familiar with the ROEs and risk reduction factors tailored to specific deployment location(s) Expect a brief history of the specific foreign countries for deployment
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Preparing to Deploy Expect a brief that discusses the area’s customs, mores, and religious practices Coalition partners in the deployed location Become familiar with the ROEs for reporting sexual assault in the deployed area Talk with your Wingman and ensure other Service members are aware of options available at the deployed location Ask about available trained sexual assault first responders
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SARCs in the Deployed Environment
Deployed SARCs are military or civilians on orders in the AOR Each service has a responsibility for certain geographic locations Joint Forces coordinate services for victims In the Deployed Environment, SARCs: Ensure continuity for any Service member reporting an assault Ensure all reports are provided to the chain of command and the appropriate MAJCOM SARC Provide Victim Advocate training in the AOR when needed
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Volunteer Victim Advocates (VA)
Air Force Victim Advocates provide essential support, liaison services and care to the victim Responsibilities include providing crisis intervention, referral and ongoing non-clinical support, including information on available options and resources to assist the victim in making informed decisions about the case VA services will continue until the victim states support is no longer needed VAs are volunteers who must possess the maturity and experience to assist in a very sensitive situation. Only active duty military personnel who are selected by the SARC may serve as VAs. Personnel assigned to the MTF, the Office of the Staff Judge Advocate, MEO, or the Office of the Wing Chaplain are not eligible to serve as victim advocates due to potential conflict of interest. The appropriate unit commander or agency head must concur before a volunteer can be selected as a VA.
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Safety in the Deployed Environment
In the AOR, follow command directives Follow ROEs for particular deployed area Stay within compound Don’t go anywhere alone Have a “buddy” system Use your Wingman If assaulted, consider immediately reporting Seek medical attention and advocacy
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Prevention
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Bystander Intervention
Bystanders—someone in the group who is watching the situation between two Airmen and is aware the incident may escalate without intervention Bystanders may hesitate to become directly involved in a situation as it makes them feel uncomfortable There is tremendous fear of negative social consequences that may come with being the challenger It takes courage to make a difference in someone’s life and challenge negative behavior In our Guard community it will take a courageous stand by individuals to change the climate around sexual assault This is part of every Airmen’s core values
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Bystander Intervention
It is crucial to remember the responsibility is always to the greater Guard community and not to one individual who may be assisting, or paving the way to an assault It takes one voice to make the difference—for every person who is the challenger, there are a lot more people who appreciate that the behavior has been shut down Bystanders can take certain steps to intervene Consider safety Decide to use direct or indirect action to resolve the problem What options are there? What actions can be taken?
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Risk Reduction Rely on your instincts and be watchful Establish and
maintain your limits Avoid the use of alcohol and drugs
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Risk Factors Current sexual assault trend data shows that:
The majority of military victims are year-old females in the enlisted ranks Most military alleged perpetrators are year-old males Most military sexual assaults occur in the dormitories and living areas More than half of sexual assault cases involve alcohol use 86% of reported cases Source: Task Force Report on Sexual Assault Policies, dated 27 May 2004
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REMEMBER NO MEANS NO! Sexual Assault Prevention and Response
Airmen Should Be: Alert Safe Assertive Prepared NOTE: Most sexual assault victims know and/or trust their offenders before the assault REMEMBER NO MEANS NO! You should: Use the buddy system – look out for each other and use your Wingman Report inappropriate behavior immediately Practice the AF Values—Integrity first, Service before self, and Excellence in all we do Never leave a fallen comrade
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Response
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Restricted vs. Unrestricted Reporting
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Restricted Reporting Restricted reporting is confidential
Will not trigger an investigation Who may make a restricted report Active duty military personnel of the Armed Forces Members of Reserve or members of the National Guard in Federal service (Title 10 status) AT, IDT, or AGR state status, ADSW for over 30 days Must be military Criteria for restricted reporting. Victim must first report to one of these individuals SARC or VA Chaplain In the deployed environment, a healthcare provider (HCP) Restricted Reporting is an option only available to Active Duty military victims. Although the SARC program serves DOD civilians and military dependents, they are not eligible for Restricted Reporting. The restricted reporting option is only available to those sexual assault victims who are Service members; however, it may not be an option if the sexual assault occurs outside of the military installation or the victim first reports to a civilian facility and/or a civilian authority. This will vary by state, territory, and/or overseas local agreements. In order to be eligible for a restricted report, the individual must not disclose to anyone else… even a family member or friend. They must report directly first to either SARC, a chaplain or on-base health provider, who in turn, will notify the SARC. Although Chaplains may receive restricted information they have a different type of confidentiality; they are exempt from disclosure under Military Rules of Evidence. Additionally, VAs may receive restricted reports ONLY after the case has been assigned to them by the SARC. For example, if a victim knows they have an advocate in their squadron they can disclose to them and remain confidential. The advocate will contact the SARC and the case may be assigned to another advocate. If another advocate is assigned, the advocate who took the information is exempt from reporting to SFS and/or AFOSI. Communication that is oral, written, or electronic communication relating to the victimization is confidential when a restricted report is made to the SARC, VA, or a health care provider.
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Unrestricted Reporting
Report made to SARC, VA, or healthcare provider when the individual does not elect restricted reporting Sexual assault reported through normal channels Chain of command Law enforcement AFOSI Per regulation Air Force members and civilian employees, other than those personnel who are authorized to receive confidential communications or otherwise exempted by law or regulation, who have knowledge of a sexual assault and who are in the victim’s supervisory chain must report the matter to AFOSI. Other military members and civilian employees are strongly encouraged. An Unrestricted report can be made through any channel, to include telling a supervisor, or a friend who notifies law enforcement. Once a report has been declared unrestricted, an investigation will be opened and chains of command will be notified if the victim is active duty military. Victims receive medical care, counseling, advocacy and aftercare through the SARC, VA, and appropriate health care providers.
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Restricted Reporting Advantages to Restricted Reporting
Privacy protected Chain of Command is NOT notified Medical care, counseling and victim advocacy services offered Collateral misconduct may not be discovered Disadvantages to Restricted Reporting No investigation Perpetrator will not be prosecuted
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Unrestricted Reporting
Advantages of Unrestricted Reporting Assistance from law enforcement including investigation Assistance from command Perpetrator may be caught and prosecuted Medical care, counseling and victim advocacy services are provided Disadvantages of Unrestricted Reporting Lack of privacy May be punished for collateral misconduct Victims cannot change to restricted reporting
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Post Sexual Assault Immediately following a sexual assault--get help
Be careful not to destroy evidence DO call the SARC immediately DO seek medical attention if necessary DO consider reporting the assault using the unrestricted option, if injured or in danger DON’T shower, change clothes, clean room/assault site DON’T brush teeth, eat or drink DON’T urinate
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Deployed SARC Contact Information 332 AEW Balad 376 AEW Manas, Kyrgystan 380 AEW Al Udeid, Qatar 380 AEW Al Dhafra, UAE 386 AEW Ali Al Salem, Kuwait 455 AEW Bagram, Afghanistan 407 AEG Ali, Iraq 447 AEG BIAP, Iraq 506 AEG Kirkuk, Iraq 451 AEG Kandahar, Afghanistan 449 AEG CJTF-HOA, Africa ; 64 AEG Riyadh, Saudi Arabia
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Point of Contact Information COL Jane Helton, Chief, Sexual Assault Prevention and Response Division, (703) Jane Lux, Program Coordinator, Sexual Assault Prevention and Response, (703) MAJ Laura Wade, Program Manager, Army National Guard, National Guard Bureau, (703) Deborah Morrison, Program Manager, Air National Guard, National Guard Bureau, (703) Please tailor this material to correctly reflect the state and the environment in which you have jurisdiction—your AOR.
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Questions
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