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Intermediate Leader Training. Army Policy on Sexual Assault.

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army policy on sexual assault
Army Policy on Sexual Assault

Sexual assault is a criminal offense that has no place in the Army. It degrades mission readiness by devastating the Army’s ability to work effectively as a team…..It is incompatible with the Army Values and is punishable under the Uniform Code of Military Justice (UCMJ) and other federal and local civilian laws… The Army will treat all victims of sexual assault with dignity, fairness, and respect.

AR 600-20, Paragraph 8-2

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review intermediate leader s responsibilities
Review: Intermediate Leader’s Responsibilities

In this topic you learned that as an intermediate

level leader you will supervise the Army’s SAPR

Program including:

  • Enforcing the Army’s policy on sexual assault across all levels of the unit
  • Taking appropriate prevention and response actions to make the Army’s Sexual Assault Prevention and Response Program work

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types of sexual assault
Types of Sexual Assault
  • Rape
    • Physical force
    • Constructive force
    • Date/acquaintance (non-stranger)
    • Marital*
  • Nonconsensual sodomy
  • Indecent assault
  • Carnal knowledge*
  • Attempts to commit these acts

* Family Advocacy Program

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parties involved
Parties Involved
  • Victim – one who has been sexually assaulted
  • Alleged perpetrator – one who has been accused of committing a crime; subject
  • Perpetrator– one who has committed a crime; offender
  • Sexual Assault Response Coordinator (SARC) – “center of gravity” for sexual assault response and coordination
  • Victim Advocate (VA) – appointed by the SARC to assist victims with support, information, and resources

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victim responses to being assaulted
Victim Responses to Being Assaulted

Common victim responses:

  • Recall the event
  • Clean themselves, repeatedly
  • Destroy evidence

Bottom Line:

Report to the emergency room in the same clothes and condition in which assaulted!

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victim s physical and emotional effects
Victim’s Physical and Emotional Effects

Emotional Effects

Individual reactions vary widely

Anxiety

Powerlessness

Perseverance

Disorganization

Self-blame

Distorted self-image

Depression

Withdrawal

Physical Effects

Physical trauma

Skeletal muscle tension

Gastrointestinal issues

Eating pattern disturbance

Genitourinary issues

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effects on the unit
Effects on the Unit
  • Combat readiness suffers
  • Unit cohesion and teamwork erodes
  • Good order and discipline disrupted

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review sexual assault definitions
Review: Sexual Assault Definitions

In this topic you learned:

  • Types of sexual assault include rape, nonconsensual sodomy, indecent assault, carnal knowledge, and attempts to commit these acts
  • Sexual assault victims experience trauma both physically and emotionally
  • Sexual assault affects the climate in which we perform our duties

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trends and risk factors
Trends and Risk Factors

Current sexual assault trend data shows:

  • The majority of military victims are 20-24 year-old females in ranks PVT-SPC
  • Most military alleged perpetrators are 20-24 year-old males in ranks PVT-SPC
  • Most military sexual assaults occur in Soldier living areas, such as barracks
  • More than half of sexual assault cases involve alcohol use

Source: Task Force Report on Sexual Assault Policies, dated 27 May 2004

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overall rates of sexual assault
Overall Rates of Sexual Assault

Source: Army Criminal Investigative Division (ACID): Department of Defense (DoD) Army CY 04 Data, 31 March 05

Note: The data for each year includes all Soldiers on active duty, including Title 10 Reservists.

* This number represents sexual assault incidents involving Soldiers on active duty, including Title 10 Reservists, but not involving minors.

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preventive techniques 1 of 6
Preventive Techniques (1 of 6)

Identify hazards:

  • Excessive alcohol-related incidents by unit members
  • No established barracks security measures in place
  • Lack of adequate supervision for off-duty enlisted Soldiers
  • Inadequate education or training opportunities

Source: Composite Risk Management (CRM)

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preventive techniques 2 of 6
Preventive Techniques (2 of 6)

Assess hazards:

  • Have alcohol-related incidents increased in the organization?
  • Have incidents of misconduct, theft, or violence occurred in the barracks?
  • Are off-duty incidents occurring more frequently?
  • Is training on sexual assault prevention documented for all unit members?

Source: Composite Risk Management (CRM)

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preventive techniques 3 of 6
Preventive Techniques (3 of 6)

Develop recommendations for controls:

  • Conduct alcohol abuse training
  • Establish barracks security protocols
  • Increase monitoring of barracks activities
  • Conduct awareness and prevention training
  • Enforce incident reporting procedures
  • Continually assess the command climate
  • Include sexual assault awareness and prevention in safety briefings

Source: Composite Risk Management (CRM)

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preventive techniques 4 of 6
Preventive Techniques (4 of 6)

Implement controls at the discretion of your commander:

  • Post a policy letter establishing a zero tolerance principle for alcohol-related incidents
  • Establish written policies in unit SOP
  • Implement policies and procedures in unit SOP
  • Schedule required and recommended training on training calendar
    • Enforce attendance and make-ups
    • Include emphasis on sexual assault risks, prevention, and response in holiday safety briefings

Source: Composite Risk Management (CRM)

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preventive techniques 5 of 6
Preventive Techniques (5 of 6)

Continuously supervise including:

  • Continue enforcement and monitor for trends
  • Survey unit for effectiveness of command policies
  • Review security checks conducted weekly
  • Review unit SOP and gather feedback about SOP effectiveness from supervisors
  • Review required training attendance

Source: Composite Risk Management (CRM)

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preventive techniques 6 of 6
Preventive Techniques (6 of 6)

Communicate Key Messages:

Avoid alcohol and other drugs

Rely on your instincts and be watchful

Establish and maintain your limits

Remember A.S.A.P.

Use the buddy system

Practice Army Values

Should report inappropriate behavior immediately

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review risk factors and prevention
Review: Risk Factors and Prevention

In this topic you learned:

  • Sexual Assault trends and risk factors
  • Role of the intermediate leader:
    • Identifying hazards
    • Assessing hazards
    • Developing recommendations for controls
    • Implementing controls
    • Supervising the Army’s SAPR Program
    • Communicating key messages

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care for the victim
Care for the Victim
  • Ensure the physical safety of the victim
  • Advise the victim to preserve evidence
  • Notify the appropriate authorities
  • Encourage the victim to report the incident
  • Inform the victim of the resources available
  • Provide emotional support

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notify appropriate authorities
Notify Appropriate Authorities
  • Notify SARC or VA
  • Notify the chaplain as needed
  • Notify (within 24 hours):
    • Criminal Investigation Command
    • Military Police
    • Installation Provost Marshal
    • Commanders in the chain of command
  • Ensure the CID notifies victims/witnesses of their rights

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coordinate with other agencies offices
Coordinate with Other Agencies/Offices

Unit commanders should:

  • Confer with the commander’s legal representative and/or SJA office to consider legal options
  • Consult with the servicing legal office, CID, and notify the Victim Advocate prior to taking any administrative action affecting the victim

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report back
Report Back
  • Unit commanders update the battalion or higher-level commander on the status of the victim and subject (s)
    • Within 14 calendar days and
    • On a monthly basis thereafter
  • Battalion commanders update the victim within 14 calendar days and on a monthly basis
  • Battalion commanders follow-up with the victim within 45 days after disposition of the case

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review leader responsibilities
Review: Leader Responsibilities

In this topic you learned the intermediate

leader’s responsibilities in responding to

sexual assault including:

  • Care for the victim
  • Notify appropriate authorities
  • Coordinate with other agencies
  • Report back

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victim s reluctance to report
Victim’s Reluctance to Report
  • There are many reasons for not wanting to report:
    • Embarrassment or shame
    • Fear of reprisal by perpetrator or command
    • Depression and feelings of helplessness
    • Low self-esteem, anger and/or guilt
    • Belief that nothing will be done
    • Fear of being punished for “collateral” misconduct
  • Your support as a leader may eliminate some of these worries

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restricted reporting
Restricted Reporting

Allows a Soldier who is a sexual assault victim to disclose the details of his/her assault to the following individuals without triggering the official investigation process:

  • Victim Advocate (VA)
  • Sexual Assault Response Coordinator (SARC)
  • Healthcare Provider
  • Chaplain

Note: Reporting sexual assault to any agency or individual not listed above may result in unrestricted reporting.

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unrestricted reporting
Unrestricted Reporting

To make an unrestricted report a victim may notify one

of the following agencies:

  • VA/SARC*
  • Healthcare provider*
  • Chaplain*
  • Chain of Command
  • Military Police (MP)
  • Criminal Investigation Command (CID)
  • Army Community Services (ACS)
  • Staff Judge Advocate (SJA)
  • Local and State Police
  • 911
  • Army One Source (AOS)

*Also restricted reporting options

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consequences of not reporting
Consequences of Not Reporting
  • Inability of Army to provide medical care and counseling
  • Inability of authorities to conduct an investigation
  • Inability of chain of command to:
    • Care for victims
    • Discipline perpetrators
  • Possibility that perpetrator may assault others

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false reporting
False Reporting
  • False allegations are a crime under the UCMJ
  • Types of false reporting
    • False official statement
    • False swearing

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legal sanctions
Legal Sanctions

Sexual Assault is Punishable under UCMJ:

Sexual assault includes such offenses as rape, forcible sodomy, and indecent assault. Depending upon the offense and the circumstances of the offense, the maximum punishments include death, confinement for life without eligibility for parole, confinement for life with eligibility for parole, confinement for a period of years (for example 5 years), total loss of all pay and allowances, dishonorable discharge (enlisted Soldiers only), bad conduct discharge (enlisted Soldiers only) and dismissal from the service (commissioned officers only), and reduction to E-1 (enlisted Soldiers only).

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review reporting sexual assault
Review: Reporting Sexual Assault

In this topic you learned:

  • Reporting requirements
  • Types of reporting
    • Restricted
    • Unrestricted
  • Consequences of not reporting
  • Legal sanctions

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victim advocacy program
Victim Advocacy Program
  • Three echelons in garrison
    • Installation Sexual Assault Response Coordinator (SARC)
    • Installation Victim Advocates (IVAs)
    • Unit Victim Advocates (UVAs)
  • Two echelons while deployed
    • Deployable SARC (1 at brigade or higher)
    • Unit Victim Advocates (2 per battalion)

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resources available to victims
Resources Available to Victims
  • Army Community Services (ACS)
  • Staff Judge Advocate (SJA)
  • Local and State Police
  • 911
  • Army One Source (AOS)
  • VA/SARC
  • Healthcare Provider
  • Chaplain
  • Chain of Command
  • Military Police
  • Criminal Investigation Command (CID)

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review victims rights and resources
Review: Victims’ Rights and Resources

In this topic you learned:

  • Victims’ rights
  • Victim Advocacy Program
  • Resources available to assist victims

Bottom Line:

  • Sexual Assault will be Defeated only by Command Involvement and Strong Leaders!

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