L15 Process - A - Sexual - Assault - Report

1
Sexual
Sexual Assault.
Assault Sexual
/ Sexual Harassment.
Harassment - NOT INNOT
OURIN OUR ARMY.
ARMY Enabling Readiness-Fostering
Enabling Readiness-FosteringChange
Change
Terminal Learning Objective
Action Process a Sexual Assault Report.
Given a classroom environment with facilitated discussion,

student handouts, all applicable DoD and Army policies, and
Conditions
simulated real-life scenarios involving potential and actual
sexual harassment and sexual assault situations.
Processing a sexual assault report in order to better provide
victim advocacy as a SHARP Professional. Students will have
met the standard when they participate in classroom
discussions, complete checks on learning, and complete the
Standards following without error:
1. Define reporting types.
2. Explain the importance and exceptions of confidentiality.
3. Process a DD Form 2910.
2
Sexual Assault / Sexual Harassment - NOT IN OUR ARMY Enabling Readiness-Fostering Change
Types of Reporting
Service members and military dependents 18 years and older
who have been sexually assaulted have two reporting options.
Unrestricted
Restricted
Ref: DoDI 6495.02 3
Unrestricted Reporting
When a sexual assault is reported through Unrestricted Reporting, an official
investigation is triggered:
 The SARC is to be notified
 A VA is assigned
• Offers the victim medical care, including SAFE, when appropriate
•
Offers resources and referrals, as appropriate, regarding: local resources for immediate safety
and long-term protection and support, medical services, chaplain resources, legal services,
workplace safety, housing, childcare, clinical resources, and other military and civil support
services. DoDI 6495.02
 A healthcare provider will conduct a forensic medical examination, at the request of the victim
 Details of the incident will be limited to only those personnel who have a legitimate need to know
 The completed DD Form 2701, Initial Information for Victims and Witnesses of Crime, will be
distributed to the victim by law enforcement
 Notify CID 4
Unrestricted Reporting, cont.
Expedited transfer requests:

 Victims who file an Unrestricted
Report may request an expedited
transfer or be reassigned
 The service member initiates the
transfer request in writing and
submits the request to his or her
Commander (O-5 or above)
Ref: AR 614-100, AR 614-200
Restricted Reporting
 Is a confidential report that allows service members or adult military
dependents 18 years and older to report being the victim of a sexual assault
 Allows victims access to:
• Medical care
• Counseling
• Legal services
• Advocacy services
 Does not initiate an official

investigation
6
Restricted Reporting, cont.
 Restricted Reports may only be filed with
• SARC
• VA
• Healthcare personnel
 A chaplain or legal assistance attorney

cannot accept a Restricted Report
 SARC reports information within 24 hours
CATCH Program
 Allows a Restricted Reporting adult victim to submit an entry into the CATCH
website containing suspect or incident information for the purpose of identifying
individuals suspected of perpetrating multiple sexual assaults.
 Participation is voluntary and can be declined during any stage of the process.
 Only Rape, Sexual Assault, Aggravated Sexual Contact, Abusive Sexual Contact,
Rape of a Child, Sexual Assault of a child, and attempts of these crimes will
trigger a CATCH match.
 CATCH entry will remain active for a total of 10 years, which means SAFE kits
performed for Restricted Reports are now retained for 10 years.
SARC/VA Responsibilities for
CATCH Program
 SARC/VA will notify the victim of the CATCH Program using the “SARC/VA CATCH
Program Talking Points”
 Victims who wish to participate in the CATCH Program will check the blocks on the DD
2910 and provide contact information
 Using the DSAID number, the SARC will access the CATCH website and generate a
one-time user name and password, which expires in 10 calendar days
 The SARC/VA can go to the CATCH website and obtain CATCH entry sample
questions. Victims can then choose to use the website or fill out the hard copy version
and the victim can then mail it in
SARC/VA Responsibilities for
CATCH Program, cont.
 Victim has the option to edit previously input data, which will require the SARC/VA to generate a
new user name and password, with an expiration date of 10 calendar days
 If victim wishes to inactivate their entry or opt out of the program, the victim will contact the
SARC/VA and document the request
 If a match is found in the database, the SARC/VA will notify the victim and inquire about their
desire to convert the report to an Unrestricted Report
 If the victim wishes to convert their reporting option, the SARC will update the conversion in the
DSAID
 If victim chooses to retain their Restricted Report, the MCIO will be informed that he/she does not
wish to convert their reporting option
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Victim Confiding in Others
 Communication with another person (i.e. roommate, friend, or family member) does
not prevent victim from filing Restricted or Unrestricted Reports
 If communication was with victim’s commanding officer, chain of command, or DoD
law enforcement, Restricted Report cannot be filed
Ref DoDI 6495.02, Chg 3, May 2017 11
Restricted vs. Unrestricted Reporting
Restricted Report Unrestricted Report
Benefits: Benefits:
 Access to medical, advocacy, legal, and counseling  Access to medical, advocacy, legal, and counseling
services services
 Receive the (SAFE)  Receive the SAFE
 Control the release of personal information  Alleged offender may be held accountable
 Can change to Unrestricted Report at any time  Command support
 Can participate in the CATCH Program  Can receive protective order MPO/ CPO
 Can request an expedited transfer
Limitations: Limitations:
 The alleged offender will not be held accountable  More people will know about the sexual assault
 Ineligible for expedited transfer or reassignment  Investigation may be intrusive and difficult
 No command support  Cannot change to Restricted Report
 Cannot receive a protective order MPO/ CPO
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Non-Participating Victim
For non-participating victims, the following apply:

 The victim’s decision should be honored
 Inform the victim that the investigation may continue
 Details are limited to individuals with an official need to know
 Victim maintains access to all services
A SARC/ VA is not under any

obligation to inform investigators
or commanders about an
unsigned DD Form 2910.
LSA 1: Check on Learning 13
Confidentiality
Confidentiality guidelines:
 Victims have a basic right to expect their information will not be shared with others
 SARCs or VAs must not discuss any details of their interactions with victims except with those who
have a legitimate need to know
 May be exceptions to Military Rule of Evidence (MRE) 514
Confidentiality is important because:
 It is essential to the victim’s recovery

 It contains the assault experience
 It protects the victim from further assault or re-victimization
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Challenges to Confidentiality
Victim confidentiality may be difficult to maintain in both Restricted and

Unrestricted cases. SHARP personnel must be resourceful, flexible, and
creative in overcoming barriers that may exist in a deployed environment.
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Potential Conflicts in a Deployed
Environment
Potential instances of conflict may include:
 Command team members may request additional information about a Restricted
Report of sexual assault if they become aware of the assault through an
independent source
 Command team members may seek additional information from the SARC when
the SARC provides the non-identifying information in restricted cases
 In restricted cases, command team members may solicit information about a
victim if that victim does not report for formation or is otherwise unable to perform
his or her duties
 The command’s responsibilities to fulfilling mission readiness may conflict at times
with a victim’s interests
 In a deployed environment, there may be greater need for more information due
to safety, logistics, etc.
16
Confidentiality and Military Rule of
Evidence (MRE) 514
MRE 514 added to MCM through Executive Order 13593, 13 Dec 2011:
 Victim has privilege to refuse to

disclose a confidential communication
with victim advocate
• If communication was for the purpose
of facilitating advice or support to the
victim
• Also applies to records kept by SARC/
VAs
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Confidentiality and MRE 514, cont.
Exceptions to victim privilege of confidentiality under MRE 514:

 When the victim is deceased
 When law or regulation imposes a
duty to report information
 If the communication clearly
contemplated the future
commission of a fraud or crime
 When necessary to ensure safety
and security
 When admission or disclosure of a
communication is constitutionally
required
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Exceptions to Confidentiality
Restricted Reporting
Confidentiality will be suspended for the following reasons:
 To command officials or law enforcement

• When disclosure is authorized by the victim in
writing
• When disclosure is necessary to prevent or
lessen a serious and imminent threat to the
health or safety of the victim or another person
 To disability retirement boards, medical evaluation
boards, and officials participating on these boards
• When disclosure is required for fitness for duty or
for disability retirement determinations
Ref: DD Form 2910
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Exceptions to Confidentiality Restricted
Reporting, cont.
Confidentiality will also be suspended for the following reasons:
 To the SARC or VA, or

healthcare personnel
• When disclosure is required for
the direct supervision of victim
services
 To Military or Civilian courts
• When disclosure is ordered, or if
disclosure is required by federal
or state statute
Ref: DD Form 2910 LSA 2: Check on Learning 20
SARC/VA Response to Sexual Assault
SARC/ VAs will ensure the following initial

actions:
 Ensure victim understands that speaking with

SHARP personnel is voluntary
 Assess for imminent danger
 Ascertain victim’s immediate needs
 Encourage victim to seek medical and psychological

assistance
 Ensure victim is aware of actions available to

promote his or her safety
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SARC/VA Response to Sexual Assault,
cont.
In addition, SARCs will:
 Explain reporting options, including
• Exceptions and/or limitations to each
• Availability of legal assistance
• Option to request an expedited transfer/reassignment
 Review DD Form 2910 and provide resource information
SHARP personnel will:

 Facilitate victim’s contact with Military and Civilian resources
 Advise victim of availability to provide ongoing advocacy services
 Consult with SARC on immediate assistance provided
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DD Form 2910 Victim Reporting
Preference Statement
It is the responsibility of SHARP

personnel to:
 Ensure the victim completes Section 1a with his
or her name, social security number and DODID
number
 Ensure the victim acknowledges understanding

of the document
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DD Form 2910, cont.
Further responsibility of SHARP

personnel to:
 Obtain the victim’s indication of
the reporting option that he or she elects
by initialing in the space that corresponds
to his or her selection
 If victim elects Restricted Reporting,

reiterate the option to change to
Unrestricted Reporting at any time
 Ensure form is signed and dated
 Provide original form to SARC
LSA 3: Check
 Give copy to victim on Learning
LSA 3: PE
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Summary
In this lesson, we:

 Defined reporting types
 Explained the importance and exceptions of confidentiality
 Processed a DD Form 2910
25

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1

Action Process a Sexual Assault Report.

Given a classroom environment with facilitated discussion,

Ref: DoDI 6495.02 3

Expedited transfer requests:

Ref: AR 614-100, AR 614-200

 Allows victims access to:

 Does not initiate an official

 Restricted Reports may only be filed with

 A chaplain or legal assistance attorney

 SARC reports information within 24 hours

Ref DoDI 6495.02, Chg 3, May 2017 11

For non-participating victims, the following apply:

A SARC/ VA is not under any

LSA 1: Check on Learning 13

Confidentiality is important because:

 It is essential to the victim’s recovery

Victim confidentiality may be difficult to maintain in both Restricted and

 Victim has privilege to refuse to

Exceptions to victim privilege of confidentiality under MRE 514:

 To command officials or law enforcement

 To the SARC or VA, or

Ref: DD Form 2910 LSA 2: Check on Learning 20

SARC/ VAs will ensure the following initial

 Ensure victim understands that speaking with

 Assess for imminent danger

 Ascertain victim’s immediate needs

 Encourage victim to seek medical and psychological

 Ensure victim is aware of actions available to

• Availability of legal assistance

• Option to request an expedited transfer/reassignment

 Review DD Form 2910 and provide resource information

SHARP personnel will:

It is the responsibility of SHARP

 Ensure the victim acknowledges understanding

Further responsibility of SHARP

 If victim elects Restricted Reporting,

In this lesson, we:

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