R 121430Z APR 05
FM CMC WASHINGTON DC(UC)
TO AL MARADMIN(UC)
UNCLASSIFIED//
MARADMIN 175/05
MSGID/GENADMIN/CMC WASHINGTON DC MRA MR//
SUBJ/SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM DEPARTMENT OF
/DEFENSE (DOD) UPDATES//
REF/A/MCO 1752.5/CMC MRRS/-//
REF/B/ALMAR 053 04/CMC MRRS/-//
NARR/REFERENCE A IS THE MCO FOR THE SEXUAL ASSAULT PREVENTION
AND RESPONSE PROGRAM. REFERENCE B IS THE ALMAR ANNOUNCING
THE RELEASE OF REFERENCE A.//
GENTEXT/REMARKS/1. DOD RECENTLY ESTABLISHED OVERARCHING POLICY
FOR SEXUAL ASSAULT, PUBLISHED THROUGH DIRECTIVE TYPE MEMORANDUMS.
THE FOLLOWING POLICIES ARE BEING FORWARDED FOR IMPLEMENTATION AS PART
OF THE SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM. THESE
POLICIES SHALL BE IMPLEMENTED IMMEDIATELY, AS THERE IS A REQUIREMENT
TO DO SO TO COMPLY WITH PUBLIC LAW AND DOD POLICY. THE CHANGES
PRESENTED BELOW (AS WELL AS OTHER SEXUAL ASSAULT POLICIES TO BE
PUBLISHED LATER) WILL BE REFLECTED IN THE NEXT REVISION TO REF (A).
2. DEFINITIONS. "SEXUAL ASSAULT" IS DEFINED AS INTENTIONAL SEXUAL
CONTACT, CHARACTERIZED BY THE 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. THIS SEXUAL
ASSAULT DEFINITION REPLACES THE DEFINITION IN REF (A), IS FOR
TRAINING PURPOSES ONLY, AND IS NOT DESIGNED NOR INTENDED FOR USE IN
CRIMINAL PROCEEDINGS. ALL OTHER SEX-RELATED OFFENSES ARE "OTHER
SEXUAL ACTS" IN VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE IF
THEY DO NOT MEET THE ABOVE DEFINITION OF SEXUAL ASSAULT OR THE
DEFINITION OF SEXUAL HARASSMENT AS PROMULGATED IN MCO 1000.9, SEXUAL
HARASSMENT. EXAMPLES OF OTHER SEX-RELATED OFFENSES COULD INCLUDE
INDECENT ACTS WITH ANOTHER OR ADULTERY.
3. SEXUAL ASSAULT RESPONSE CAPABILITIES. DOD POLICY REQUIRES AN
ENHANCED CAPABILITY TO RESPOND TO SERVICE MEMBER VICTIMS OF SEXUAL
ASSAULT WHILE INCORPORATING PROCEDURES TO BRING ABOUT A BETTER
ACCOUNTING OF THOSE RESPONSES. ACCORDINGLY, OUR SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM ESTABLISHED BY REF (A) IS BEING
UPDATED TO: PROVIDE A COMMANDER'S CHECKLIST FOR RESPONDING TO
ALLEGATIONS OF SEXUAL ASSAULT, INCORPORATE THE POSITION OF SEXUAL
ASSAULT RESPONSE COORDINATOR (SARC), ESTABLISH GUIDANCE ON THE
UNIFORMED VICTIM ADVOCATE (UVA) PROGRAM, AND HIGHLIGHT TWO REPORTING
OPTIONS FOR VICTIMS OF SEXUAL ASSAULT.
A. COMMANDERS CHECKLIST. COMMANDERS SHALL USE THE COMMANDER'S
CHECKLIST AS A GUIDE WHEN HANDLING ANY ALLEGED OR SUSPECTED SEXUAL
ASSAULT. THE COMMANDER'S CHECKLIST IS ACCESSIBLE ON THE SAPR OFFICE
WEBSITE, WWW.USMC-MCCS.ORG/PERSSVC/SAPRO/INDEX.HTM.
B. SARC. ALL INSTALLATION COMMANDERS, GENERAL COURT-MARTIAL
CONVENING AUTHORITIES (GCMCA), AND MAGTF COMMANDERS (DOWN TO SPMAGTF
LEVEL IN ORDER TO PROVIDE INTEGRATED RESPONSE WHEN DEPLOYED) SHALL
ESTABLISH THE POSITION OF SARC WITHIN THEIR COMMAND. THESE
COMMANDERS SHALL ENSURE A SEXUAL ASSAULT RESPONSE CAPABILITY EXISTS
WITHIN THEIR AREA OF RESPONSIBILITY (AOR) 24-HOURS A DAY, 7 DAYS A
WEEK. THE SARC SHALL SERVE AS THE FOCAL POINT FOR MANAGEMENT OF
RESPONSES TO ALL SEXUAL ASSAULTS WITHIN THE DESIGNATING COMMANDER'S
AOR. THE SARC SHALL BE APPOINTED IN WRITING AND BE OF SUFFICIENT
SENIORITY TO SUCCESSFULLY EXECUTE THE SARC DUTIES. ADDITIONALLY,
THE POSITION OF UNIT SARC MAY BE CREATED DOWN TO THE BATTALION AND
SQUADRON LEVEL AT THE DISCRETION OF THE INSTALLATION COMMANDER,
MAGTF COMMANDER, AND GENERAL COURT-MARTIAL CONVENING AUTHORITY
(GCMCA). SARC DUTIES ARE POSTED ON THE WEBSITE.
C. UVAS. ALL DEPLOYING BATTALIONS, SQUADRONS, AND EQUIVALENT SIZE
COMMANDS (E.G., MSSG, CSSD, ETC), TRAINING AND EDUCATION COMMAND, AND
MARINE FORCES RESERVE SHALL APPOINT IN WRITING AT LEAST TWO UVAS IN
THE GRADE OF SSGT OR HIGHER. COMMARFORRES TO DETERMINE SOURCING OF
UVA FOR BATTALIONS, SQUADRONS, AND DETACHMENTS TO ENSURE COVERAGE OF
THE MARINE CORPS RESERVE. UVAS WILL PROVIDE DEPLOYED MARINES AND
ATTACHED SAILORS, STUDENTS, AND DRILLING RESERVES WHO ARE VICTIMS OF
SEXUAL ASSAULT WITH INFORMATION AND EMOTIONAL SUPPORT. TO MINIMIZE
RE-VICTIMIZATION, UVAS WILL ASSIST VICTIMS THROUGH THE MEDICAL,
LEGAL, AND INVESTIGATIVE PROCESS. UNTIL OTHER METHODOLOGIES ARE
DEVELOPED, SAPR OFFICE WILL PROVIDE TRAINING ON SEXUAL ASSAULT
PREVENTION AND RESPONSE TO UVAS PRIOR TO THEIR DEPLOYMENT. A
DEPLOYED VICTIM OF SEXUAL ASSAULT MAY CONTACT A UVA AND MAKE A
RESTRICTED REPORT OF SEXUAL ASSAULT. UVAS WILL BE A RESOURCE TO
COMMANDERS FOR ANNUAL AND PRE-DEPLOYMENT SEXUAL ASSAULT TRAINING.
IN LOCATIONS WHERE MARINE AND FAMILY SERVICES (MFS) EXIST, UVAS WILL
DEFER CASE MANAGEMENT DUTIES TO THE INSTALLATION VICTIM ADVOCATES.
D. VICTIM REPORTING OPTIONS. PER REF (A) AND (B), ALL MARINES ARE
MANDATORY REPORTERS FOR ANY ALLEGED, SUSPECTED, OR ACTUAL SEXUAL
ASSAULT. THE UVA IS EXEMPT FROM THE MANDATORY REPORTING REQUIREMENT
IN CASES OF A RESTRICTED SEXUAL ASSAULT INCIDENT REPORT, DEFINED
BELOW, EXCEPT FOR THOSE INSTANCES OUTLINED IN PARAGRAPH 4. VICTIMS
OF SEXUAL ASSAULT HAVE TWO METHODS OF REPORTING AN ASSAULT: (1)
RESTRICTED REPORTING REFERS TO THE REPORT ADDRESSED IN PARAGRAPH
6.A(12) OF REF (A), WHEREIN VICTIM IDENTIFYING INFORMATION IS
EXCLUDED; (2) UNRESTRICTED REPORTING INCLUDES ALL SEXUAL ASSAULTS
MADE KNOWN TO THE COMMAND OR NAVAL CRIMINAL INVESTIGATIVE SERVICE,
OR ANOTHER DEFENSE CRIMINAL INVESTIGATIVE ORGANIZATION, FOR FORMAL
INVESTIGATION. IN BOTH METHODS, THE VICTIM MAY RECEIVE ASSISTANCE
FROM MFS. WHEN VICTIMS SEEK ASSISTANCE FROM MFS THEY MUST BE ABLE
TO DO SO WITH CONFIDENCE THAT THEIR IDENTITY WILL BE KEPT
CONFIDENTIAL UNTIL THEY ARE READY TO MAKE A FORMAL REPORT TO EITHER
THE COMMAND OR CRIMINAL INVESTIGATORS. THEREFORE, RESTRICTED
REPORTING IS VITAL TO THE SUCCESS OF OUR SEXUAL ASSAULT PREVENTION
AND RESPONSE PROGRAM SINCE MANY SEXUAL ASSAULT VICTIMS SEEM
UNWILLING TO REPORT ASSAULTS WHEN THE REPORTS MUST BE CRIMINALLY
INVESTIGATED BY MANDATE.
4. IMMINENT DANGER OF VICTIM. IF THE VICTIM PROVIDES INFORMATION
THAT THERE IS IMMINENT DANGER OF PHYSICAL HARM TO THEMSELVES OR
OTHERS, MFS, VICTIM ADVOCATES (VA), AND UVAS ASSISTING VICTIMS IN
RESTRICTED REPORTING CASES SHALL NOTIFY APPROPRIATE LAW ENFORCEMENT
AGENCIES AND THE VICTIM'S COMMANDER IMMEDIATELY. IF THE NATURE OR
SCOPE OF THE THREAT IS UNCLEAR, NCIS MAY BE CONTACTED FOR A THREAT
MANAGEMENT UNIT REFERRAL. UPON CONFIRMATION OF THE THREAT, THE
COMMAND AND APPROPRIATE LAW ENFORCEMENT AGENCIES SHALL BE NOTIFIED
AND THE SEXUAL ASSAULT RESTRICTED REPORT THEREBY BECOMES AN
UNRESTRICTED REPORT UNDER THE INVESTIGATIVE JURISDICTION OF NCIS.
SEXUAL ASSAULT VICTIMS SHALL BE INFORMED OF THIS EXCEPTION TO
CONFIDENTIALITY AS SOON AS PRACTICAL AFTER RECEIVING THE ASSISTANCE
OR SERVICES AVAILABLE UNDER A RESTRICTED REPORT. IF IT IS
DETERMINED THAT NO IMMINENT THREAT OF DANGER TO EITHER THE VICTIM OR
OTHERS EXISTS, THE REPORT REMAINS RESTRICTED. EVEN WITH RESTRICTED
REPORTS, HOWEVER, THE COMMANDER WILL BE PROVIDED SUCH INFORMATION
CONCERNING THE INCIDENT THAT, WHILE NOT IDENTIFYING THE VICTIM, WILL
PROVIDE LOCATION, TIME, ETC. TO ALLOW COMMAND REVIEW AND ACTIONS TO
MINIMIZE FUTURE THREATS.
5. SIGNED DOD DIRECTIVES ALONG WITH ADDITIONAL INFORMATION ARE ALSO
AVAILABLE ON THE WEBSITE.//