How Does This Policy Affect… NSF Policies?

1. How Does This Policy Affect…NSF Policies? • Assault Crimes – No change • Rape, Sexual Assault, and Other Sexual Misconduct Crimes – No change • Sodomy – No change • Response & Investigation – No change • Domestic Violence Incidents – No change • Good Order and Discipline – No change

2. Assault Crimes Investigations regarding assaults will be conducted in accordance with OPNAVINST 5530.14E, Navy Physical Security and Law Enforcement Program, Chapter 3, NTTP 3-07.2.3, Law Enforcement and Physical Security for Navy Installations, Appendix J, and the Manual for Courts-Martial (2008 Edition). The sexual orientation of the alleged victim and/or the alleged assailant is not an element of the alleged offense. The relationship between the alleged victim and the alleged assailant is not an element of the alleged offense.

3. Rape, Sexual Assault, and Other Sexual Misconduct Investigations of sexual assaults will be conducted in accordance with OPNAVINST 5530.14E, Navy Physical Security and Law Enforcement Program, Chapter 3, NTTP 3-07.2.3, Law Enforcement and Physical Security for Navy Installations, Appendix J, and the Manual for Courts Martial, 2008. The sexual orientation of the alleged victim and/or the alleged assailant is not an element of the alleged offense. The relationship between the alleged victim and the alleged assailant is not an element of the alleged offense.

4. Sodomy • UCMJ, Article 125 – Sodomy is gender neutral, is unchanged, and in force • Allegations of forcible sodomy, regardless of sexual orientation of accused or victim, will be investigated • Allegations of consensual * sodomy, regardless of sexual orientation of accused or victim, may be investigated when there is evidence of factors such as public conduct, prostitution, good order and discipline, service discrediting conduct, unduly familiar relationships, etc. • Sexual orientation is not a factor in determining whether a criminal investigation is warranted * Private, consensual sodomy between adults, regardless of gender, is protected under the Constitution (e.g. in the home)

5. Response & Investigation An allegation of a crime involving DON personnel will be investigated, i.e. CCI or NCIS. Professionalism and respect is paramount with any and all investigations. Focus on the crime committed, not the sexual orientation of the alleged victim/assailant. The sexual orientation of the alleged victim/assailant is irrelevant to the investigation of assault, sexual assault, or other crimes against the person.

6. Domestic Violence Incidents Receipt, reporting, identification, and investigation of Domestic Violence Incidents between same-sex partners (and/or homosexual individuals) will be conducted in accordance with OPNAVINST 5530.14E, Navy Physical Security and Law Enforcement Program, Chapter 3, NTTP 3-07.2.3, Law Enforcement and Physical Security for Navy Installations, Appendix J.

7. Summary • There are no changes to NSF or CCI responsibilities in response to or while conducting investigations into alleged assaults, sexual assaults, and/or crimes against the person in light of the repeal of Don’t Ask, Don’t Tell. • An alleged victim is still an alleged victim regardless of his or her sexual orientation or if he or she is in a “partnership” with the alleged assailant. • Do not get side-tracked with the sexual orientation of the alleged victim/suspect. • Professionalism toward and respect for all persons will be adhered to regardlessof sexual orientation.

8. References Title 18, U.S. Code Manual for Courts-Martial, 2008 DoDI 6400.06, Domestic Abuse Involving DoD Military and Certain Affiliated Personnel OPNAVINST 5530.14E, Navy Physical Security and Law Enforcement Program NTTP 3-07.2.3, Law Enforcement and Physical Security for Navy Installations

9. Vignette #1Domestic Violence Incident ~ On-Base Housing SITUATION: You are a Petty Officer assigned to the installation security department, out on routine patrols. You receive a call reporting an altercation in base housing. Upon arriving at the scene, you find two females, one of whom is a Sailor who resides in a base housing unit with a dependent child, the other of whom cohabitates in that unit as a live-in child care provider IAW local base housing policies. The child care provider states that she and the resident are involved in a long-term, romantic same-sex relationship. You have sufficient evidence to believe that an assault has occurred, as the child care provider has obvious physical injuries and states that the Sailor attacked her during an argument. Is this a Domestic Violence Incident?

10. Vignette #1Domestic Violence Incident ~ On-Base Housing YES.Domestic violence incidents are domestic violence or a pattern of behavior resulting in emotional/psychological abuse, economic control, and/or interference with personal liberty that is directed toward a person who is: (a) current or former spouse; (b) person with whom the abuser shares a child in common; or (c) A current or former intimate partner with whom the abuser shares or has shared a common domicile. Because the Sailor (alleged assailant) and the child care provider (alleged victim) live in the same residence and are in an intimate relationship, the incident should be investigated and reported as domestic violence . This incident may also be investigated under UCMJ, Article 128— Assault .

11. Vignette #2Alleged Sexual Assault ~ Off-Base SITUATION: You are on patrol and are directed to receive a Sailor from local, civilian law enforcement as a courtesy turnover. During the turnover, it is revealed that the male Sailor has been drinking and that he alleges that another, unidentified, male Sailor sexually assaulted him. How do you proceed?

12. Vignette #2Alleged Sexual Assault ~ Off-Base Report the incident to your supervisor and arrange contact between the alleged victim and the Sexual Assault Response Coordinator (SARC). Regardless of whether local, civilian law enforcement is pursuing criminal charges against the alleged assailant, process the alleged victim’s sexual assault claim immediately and appropriately. Initiate Sexual Assault Prevention and Response (SAPR) actions immediately. This incident may also be investigated under UCMJ, Article 120—Rape, sexual assault, and other sexual misconduct and/or UCMJ, Article 125-Sodomy.

13. Vignette #3Domestic Violence Incident/Alleged Assault ~ On-Base SITUATION: You are dispatched to a fight at the on-base club. Upon arrival you identify two female Sailors as the alleged victim and the alleged assailant. During your initial questioning, you learn they are a same-sex couple that share common off-base housing. Do you treat this as a domestic violence incident?

14. Vignette #3 Domestic Violence Incident/Alleged Assault ~ On-Base Yes. The incident should be investigated as domestic violence, because the alleged assailant and the alleged victim live in the same residence and are in an intimate relationship. The location of the incident has no bearing on the actual investigation of a domestic violence incident. This incident may also be investigated under UCMJ, Article 128—Assault .

15. Vignette #4Alleged Assault/Domestic Violence Incident ~ Off-Base SITUATION: You were informed by a reliable source that a male civilian hit his roommate/partner, a male Sailor, in the arm with a baseball bat in their off-base housing over the weekend . The male Sailor did not report the incident to local, civilian law enforcement and did not report it to his chain of command. What do you do?

16. Vignette #4Alleged Assault/Domestic Violence Incident ~ Off-Base Report the incident to your chain of command. The Sailor has the right to initiate a civilian law enforcement investigation if he so chooses, and is entitled to initiate a Family Advocacy Program (FAP) case through the Fleet and Family Support Center (FFSC) . Treat the alleged victim the same as you would any alleged victim of a domestic violence incident and provide the same support.

17. Vignette #5Domestic Violence Incident – Off-Base • SITUATION: You are an independent duty Master-at-Arms on a ship in the final phases of deployment preparations. One of your Sailors has been arrested on a charge of assault by local, civilian law enforcement. The incident took place in the Sailor's off-base residence, which she shares with a female Sailor from another command. Your Sailor refers to the alleged victim as her “partner.” • Regardless of whether local, civilian law enforcement is pursuing the assault charge , is it proper for you to address the altercation as a domestic violence incident ? • Does your Sailor lose her legal authority to be issued and/or have access to small arms IAW the Lautenberg Act?

18. Vignette #5 Domestic Violence Incident – Off-Base A Domestic Violence Incident report would be appropriate. The alleged assailant and the alleged victim live in the same residence and are in an intimate relationship. This incident may also be investigated under UCMJ, Article 128—Assault . If convicted of a qualifying civilian or military offense, the assailant may lose access to arms, ammunition, and explosives (AA&E) IAW the Lautenberg Act. The parent command is responsible for conducting an AA&E screening and revoking the Sailor's access to small arms.

19. Vignette #6Good Order and Discipline SITUATION: USS RADFORD is pier side at Naval Station Norfolk preparing to leave port for a six-month deployment. You observe a uniformed, female Sailor and a civilian female hug and kiss each other. You also observe a uniformed, male Sailor and a civilian female hug and kiss each other. What do you do? Would it matter if the same-sex couple was both in uniform?

20. Vignette #6Good Order and Discipline Do nothing, unless the behavior violates good order and discipline. Both couples should be treated equally. As long as the behavior is not in violation of good order and discipline, it is irrelevant if one or both members of the affectionate same-sex couple are in uniform.