UNCLASSIFIED
Sexual Assault Prevention
and Response (SAPR)
Post-deployment Brief
UNCLASSIFIED
September 2014
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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.
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DoD and DoN
Sexual Assault Policies
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Navy Sexual Assault
Support Services Eligibility
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)
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DoN Sexual Assault Policy
DoN sexual assault policy applies to:
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Both on post and off post
During duty and non-duty hours
Work, living and recreational environments
All locations, including deployed locations
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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 6495.01
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Definition and Types
of Sexual Assault
Rape*
Sexual intercourse without consent
Forcible
Sodomy*
Oral or anal sex without consent
Unwanted Sexual Groping, grabbing, fondling, or touching
Contact*
of a sexual nature without consent
* Includes attempts to commit these acts
DoDD 6495.01
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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.
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Sexual Assault vs.
Sexual Harassment
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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
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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
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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.
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The Unit SAPR VA’s Role
in the Response
to Sexual Assault
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Response Protocol
Immediate Response
Sources of Reports
Victim
Unit SAPR
Victim
Advocate
SARC
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)
HCP
MP
DRC
4. Collects information to give to SARC for
DSAID entries
5. Notifies SARC when non-SARC referral
6. Provides initial services to victim (stabilizes
and provides needed resources)
MRE 514: Victims can claim
privilege and not disclose
confidential communication
made to the Unit SAPR VA
Follow-up Response
7. Provides victim with ongoing resources and
services, as requested by victim
8. Closes case when victim no longer wishes to
have advocacy and case is fully adjudicated
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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
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Reporting Options
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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.
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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.
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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
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The Relationship Between
Alcohol and Sexual Assault
If a person is
substantially intoxicated
or incapacitated,
he/she cannot legally
consent to sex.
Signs that someone may be substantially intoxicated:
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Cannot stand or sit without assistance
Staggering or tripping when walking
Passing out or falling asleep
Slurred or loud speech
Vomiting
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Sexual Assault
Forensic Exam (SAFE)
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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 72-120 hours
after sexual assault.
• SAFE Kit is only processed if the report is unrestricted.
• SAFE Kit is stored for five years for restricted reports.
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Prevention Strategies
and Behaviors
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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.
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Resources
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DoD Safe Helpline
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Questions?
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