Sexual Assault Prevention and Response Program

1. Sexual Assault Preventionand Response Program Jane Lux Program Coordinator NGB-J1 703-601-0577 Jane.Lux@us.army.mil CTR – Alutiiq International Solutions, LLC

2. SEXUAL ASSAULT PREVENTION & RESPONSECPT Traci WinstonNGB - JA This is the legal view on SAPR in the NG. REMEMBER -- Prevention is key! We must respond properly, but it is better to prevent than to respond. www.ngb.army.mil/staff/j1/sapr/ www.sexualassault.army.mil/ www.sapr.mil/HomePage.aspx?Topic=Home ww.airforceonesource.com/ctim/index.aspx?ctim=5.38.1183 SAVED AS – STICK/WORK FILES/LEGAL BRIEF SA & NGB – HR AUG 06This is the legal view on SAPR in the NG. REMEMBER -- Prevention is key! We must respond properly, but it is better to prevent than to respond. www.ngb.army.mil/staff/j1/sapr/ www.sexualassault.army.mil/ www.sapr.mil/HomePage.aspx?Topic=Home ww.airforceonesource.com/ctim/index.aspx?ctim=5.38.1183 SAVED AS – STICK/WORK FILES/LEGAL BRIEF SA & NGB – HR AUG 06

3. 3 SEXUAL ASSAULT (SA) UPDATEMAIN POINTS Background New DOD Focus - Problems, Rules NGB Policy Future Challenges & Issues We will cover the background, the new focus, NGB policy and the future. We will cover the background, the new focus, NGB policy and the future.

4. SA UPDATE - BACKGROUND - 1982 Victim & Witness Protection Act - 1990 V’s Rights & Restitution Act - DoD Dir 1030.1, V & W Assistance AFI 51-201, Law, Administration of Military Justice (Chap 7, V & W Assist.), AR 27-10, Legal Services, Military Justice (Chap 18, V/W Assist.) USAF Academy - SA cases – 2003 1982 & 1990 laws forced DoD, AFI & AR rules. (see 42 USC 10601 et seq, DoDD 1030.1. DoDI 1030.2, Vict. & Wit. Assis. Procedures, AFI 51-201, AR 27-10.) - Jan 03 SA allegations at USAF Academy got a lot of news coverage and raised issues on how victim treatment. In Nov 03 & Jan 04, the DENVER POST ran stories about the military’s failure to properly investigate & prosecute cases. Reports of SA of military members in Iraq have given additional media attention to the issue. These events came to the attention of the public AND Congress. New cases keep coming up. But it is impossible to tell if there are more cases or just more reported cases. 1982 & 1990 laws forced DoD, AFI & AR rules. (see 42 USC 10601 et seq, DoDD 1030.1. DoDI 1030.2, Vict. & Wit. Assis. Procedures, AFI 51-201, AR 27-10.) - Jan 03 SA allegations at USAF Academy got a lot of news coverage and raised issues on how victim treatment. In Nov 03 & Jan 04, the DENVER POST ran stories about the military’s failure to properly investigate & prosecute cases. Reports of SA of military members in Iraq have given additional media attention to the issue. These events came to the attention of the public AND Congress. New cases keep coming up. But it is impossible to tell if there are more cases or just more reported cases.

5. SA UPDATE – BACKGROUND Nov 03, FY04 NDAA Section 576 requires DoD to examine SA policies for military service academies and DTFSH&V is established. Feb 04 DoD Care for Victims of Sexual Assault Task Force is established to conduct 90 day study which was published in Apr 04 Joint Task Force Sexual Assault Prevention & Response (JTF SAPR) formed, Oct 04. Congress told DoD to get info on Sexual Harassment & Violence at Military Academy & Naval Academy. All academies must set policies on Sex. Har. & Vio., survey personnel yearly, & make annual reports. SECDEF & SECAF must report on corrections at AF Academy. Mid-Feb 04, DoD forms a Care for Victims of SA Task Force. It visited two bases of each service and did a report (Apr 04, over 100 pages). US Army Report on SA Policies completed 27 May 04. 24 Feb 04, USAF Vice Chief of Staff forms HQ SA Integrated Process Team (IPT) and directs MAJCOM Commanders to assess their SA deterrence & response programs. USAF report done Aug 04, 96 pages. - 1 Apr 04, USAF Secretary & Chief of Staff of USAF issue “Interim Measure for Victim Support” memo with guidelines for SA victim support. Report identified 35 key findings relevent to current sexual assault policies and proposed 9 broad term recommendations for immediate near and long term corrective action. One of the recommendations was to est a single point of acountability for policy relating to sexual assault. On 19 Aug 04, Acting Sec of the Army approved SA Prevention & Response Plan. - Joint Task Force for SA Prevention & Response (JTF SAPR) formed on 12 Oct 04, headed by Brig Gen K. C. McClain, USAF with Dr. Kay Whitley as the deputy and later director in Jan 07 - FY05 NDAA (PL 108-375), 28 Oct 04, told DOD to: keep reporting; set SA definition; develop policy on SA prevention & response. Reports are to Committees on Armed Services of Senate & House. Congress told DoD to get info on Sexual Harassment & Violence at Military Academy & Naval Academy. All academies must set policies on Sex. Har. & Vio., survey personnel yearly, & make annual reports. SECDEF & SECAF must report on corrections at AF Academy. Mid-Feb 04, DoD forms a Care for Victims of SA Task Force. It visited two bases of each service and did a report (Apr 04, over 100 pages). US Army Report on SA Policies completed 27 May 04. 24 Feb 04, USAF Vice Chief of Staff forms HQ SA Integrated Process Team (IPT) and directs MAJCOM Commanders to assess their SA deterrence & response programs. USAF report done Aug 04, 96 pages. - 1 Apr 04, USAF Secretary & Chief of Staff of USAF issue “Interim Measure for Victim Support” memo with guidelines for SA victim support. Report identified 35 key findings relevent to current sexual assault policies and proposed 9 broad term recommendations for immediate near and long term corrective action. One of the recommendations was to est a single point of acountability for policy relating to sexual assault. On 19 Aug 04, Acting Sec of the Army approved SA Prevention & Response Plan. - Joint Task Force for SA Prevention & Response (JTF SAPR) formed on 12 Oct 04, headed by Brig Gen K. C. McClain, USAF with Dr. Kay Whitley as the deputy and later director in Jan 07 - FY05 NDAA (PL 108-375), 28 Oct 04, told DOD to: keep reporting; set SA definition; develop policy on SA prevention & response. Reports are to Committees on Armed Services of Senate & House.

6. SA UPDATE – BACKGROUND From Nov 04-June 05 Dr Chu, DoD USD P&R signed 14 “Directive-Type Memorandums” (DTMs) Oct 05 DODD 6495.01 published March 16, 2005 Dep SECDEF Memo – confidentiality policy for Victims of Sexual Assault JTF-SAPR-009 June 06 DODI 6495.02 published superseding and canceling DTMs -NDAA gave two months, over holidays, for a SA policy. Dr Chu used DTMs to meet the 01 Jan 05 deadline. Each DTM refers to the FY05 NDAA. -DTMs respond to issues that grew out of AF Academy SA cases or other DOD cases. The first DTM is an example. -Collateral Misconduct DTM addresses an old problem. Victims may violate drinking rules. If a victim reports SA & a subject reports consensual sex, a command may decide there is not enough SA evidence to prosecute. But, the command may take action for the drinking crimes. -In AF Academy cases, critics felt the Academy took a tough stand on drinking, but let rape go unpunished. Some felt punishing victims discouraged reporting. DoDD 6495.01 est the DoD policy on sexual assault prevention and response in the military services as well as the SAPRO office to oversee the policy DODI 6495.02 incorporated the subsequent memorandums.-NDAA gave two months, over holidays, for a SA policy. Dr Chu used DTMs to meet the 01 Jan 05 deadline. Each DTM refers to the FY05 NDAA. -DTMs respond to issues that grew out of AF Academy SA cases or other DOD cases. The first DTM is an example. -Collateral Misconduct DTM addresses an old problem. Victims may violate drinking rules. If a victim reports SA & a subject reports consensual sex, a command may decide there is not enough SA evidence to prosecute. But, the command may take action for the drinking crimes. -In AF Academy cases, critics felt the Academy took a tough stand on drinking, but let rape go unpunished. Some felt punishing victims discouraged reporting. DoDD 6495.01 est the DoD policy on sexual assault prevention and response in the military services as well as the SAPRO office to oversee the policy DODI 6495.02 incorporated the subsequent memorandums.

7. Core Policy Areas DoD’s sexual assault prevention and response policies are applicable to the military services and focuses on 3 core areas: Victim care Prevention and training Accountability -NDAA gave two months, over holidays, for a SA policy. Dr Chu used DTMs to meet the 01 Jan 05 deadline. Each DTM refers to the FY05 NDAA. -DTMs respond to issues that grew out of AF Academy SA cases or other DOD cases. The first DTM is an example. -Collateral Misconduct DTM addresses an old problem. Victims may violate drinking rules. If a victim reports SA & a subject reports consensual sex, a command may decide there is not enough SA evidence to prosecute. But, the command may take action for the drinking crimes. -In AF Academy cases, critics felt the Academy took a tough stand on drinking, but let rape go unpunished. Some felt punishing victims discouraged reporting. DoDD 6495.01 est the DoD policy on sexual assault prevention and response in the military services as well as the SAPRO office to oversee the policy DODI 6495.02 incorporated the subsequent memorandums.-NDAA gave two months, over holidays, for a SA policy. Dr Chu used DTMs to meet the 01 Jan 05 deadline. Each DTM refers to the FY05 NDAA. -DTMs respond to issues that grew out of AF Academy SA cases or other DOD cases. The first DTM is an example. -Collateral Misconduct DTM addresses an old problem. Victims may violate drinking rules. If a victim reports SA & a subject reports consensual sex, a command may decide there is not enough SA evidence to prosecute. But, the command may take action for the drinking crimes. -In AF Academy cases, critics felt the Academy took a tough stand on drinking, but let rape go unpunished. Some felt punishing victims discouraged reporting. DoDD 6495.01 est the DoD policy on sexual assault prevention and response in the military services as well as the SAPRO office to oversee the policy DODI 6495.02 incorporated the subsequent memorandums.

8. Sexual Assault Intentional sexual contact with use of force, physical threat, abuse of authority, or when victim does not or cannot consent. “Consent” is not “failure to offer physical resistance.” Consent is not given when a person uses force, threat of force, coercion, or if victim is asleep, incapacitated or unconscious. A crime, such as rape, nonconsensual sodomy (oral & anal sex), indecent assault, or attempts to commit these acts. FY05 NDAA required a “SA” definition. It is for training & educational purposes only. (Avoid confusion with UCMJ and legal matters…) “SA is a crime. SA is defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. SA includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. SA can occur without regard to gender or spousal relationship or age of the 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.” “Other sex-related offenses are defined as all other sexual acts or acts in violation of the Uniform Code of Military Justice that do not meet the above definition of sexual assault, or the definition of sexual harassment as promulgated in DoD Directive 1350.2, Department of Defense Military Equal Opportunity, para E2.1.15. Examples of other sex-related offenses could include indecent acts with another and adultery.” FY05 NDAA required a “SA” definition. It is for training & educational purposes only. (Avoid confusion with UCMJ and legal matters…) “SA is a crime. SA is defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. SA includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. SA can occur without regard to gender or spousal relationship or age of the 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.” “Other sex-related offenses are defined as all other sexual acts or acts in violation of the Uniform Code of Military Justice that do not meet the above definition of sexual assault, or the definition of sexual harassment as promulgated in DoD Directive 1350.2, Department of Defense Military Equal Opportunity, para E2.1.15. Examples of other sex-related offenses could include indecent acts with another and adultery.”

9. USAF, DOD, & ARMY RULES DoDD 6495.01, SAPR Program, 6 Oct 05 DoDI 6495.02, SAPR Procedures, 25 Jun 06 AR 600-20, Army Command Policy, Chapter 8, SAPR Program, 1 Feb 06 USAF Policies for Prevention of & Response to SA, 8 Jun 05

10. 10 DOD DIRECTIVE 6495.01 Rules apply to NG members who are on active and inactive duty status (para 2.2) Active Duty Focus No procedures or funding for NG cases No discussion of state criminal immunity - Restricted Reporting is for Active Duty people (Title 10) - There are some issues we will have to get back to. There are no procedures or funding for NG cases and no discussion of state criminal immunity. - We will come back to these issues later, but remember that Guardsmen have different roles and different statuses. Guardsmen often work for the state!- Restricted Reporting is for Active Duty people (Title 10) - There are some issues we will have to get back to. There are no procedures or funding for NG cases and no discussion of state criminal immunity. - We will come back to these issues later, but remember that Guardsmen have different roles and different statuses. Guardsmen often work for the state!

11. 11 DOD INSTRUCTION 6495.02 Program Requirements & Responsibilities Active Duty Focus No procedures or funding for NG cases No discussion of state criminal immunity - Restricted Reporting is for Active Duty people (Title 10) - There are some issues we will have to get back to. There are no procedures or funding for NG cases and no discussion of state criminal immunity. - We will come back to these issues later, but remember that Guardsmen have different roles and different statuses. Guardsmen often work for the state!- Restricted Reporting is for Active Duty people (Title 10) - There are some issues we will have to get back to. There are no procedures or funding for NG cases and no discussion of state criminal immunity. - We will come back to these issues later, but remember that Guardsmen have different roles and different statuses. Guardsmen often work for the state!

12. 12 ARMY REGULATION 600-20 CNGB will develop, implement, and monitor SAPR program within the NG. Establish policy to comply with the policy on confidentiality First responders Staff positions and resources – no funding source SAPR training at large and SARC and UVA training Deployed environments Pre-mobilization, mobilization, and post-mobilization SA data into SADMS Paragraph 8-5(i)CNGB and the chief of US Army Reserve will: Establish policy and procedural guidelines that comply with the policy on confidentiality Ensure that policies and procedures are in place for all first responders to contact the SARC at the time the victim comes forward Establish staff positions and make resources available Establish SAPR training and select personnel to attend SARC and UVA training In deployed environment ensure that SARCs and UVAs are designated in writing and are trained Ensure pre-mobilization, mobilization, and post-mobilization training is provided. Support admission of SA data into SADMS schools and training centers. 8-5k. Commanders of major Army commands. MACOM commanders will— (1) Ensure sexual assault prevention and response training is conducted annually in accordance with procedures as outlined in this policy. (3) Monitor the execution of the Sexual Assault Prevention and Response Program in all commands, agencies, and activities (including Army Reserve and Army National Guard units when activated) under their jurisdiction. Paragraph 8-5(i)CNGB and the chief of US Army Reserve will: Establish policy and procedural guidelines that comply with the policy on confidentiality Ensure that policies and procedures are in place for all first responders to contact the SARC at the time the victim comes forward Establish staff positions and make resources available Establish SAPR training and select personnel to attend SARC and UVA training In deployed environment ensure that SARCs and UVAs are designated in writing and are trained Ensure pre-mobilization, mobilization, and post-mobilization training is provided. Support admission of SA data into SADMS schools and training centers. 8-5k. Commanders of major Army commands. MACOM commanders will— (1) Ensure sexual assault prevention and response training is conducted annually in accordance with procedures as outlined in this policy. (3) Monitor the execution of the Sexual Assault Prevention and Response Program in all commands, agencies, and activities (including Army Reserve and Army National Guard units when activated) under their jurisdiction.

13. USAF POLICY – 28 Mar 08 The Director of the Air National Guard (NGB/CF) develops a specific SAPR program Military personnel defined Restricted reporting does not include Guard members performing in T32 The role of the SARC in ensuring continuity of care and case management The USAF came out with this policy for implementation of “Restricted Reporting.” ANG needs specific programs. Restricted Reporting only applies to military members in an Active Duty (Title 10) status. The Director of the Air National Guard (NGB/CF) develops specific sexual assault prevention and response programs for Air National Guard (ANG) military personnel and oversees ANG force in support of Air Force policies. 4.13.4 The SARC is responsible for ensuring continuity of care and case management, as appropriate, in the event that the victim has a permanent change of station, is deployed, redeployed or discharged. The SARC should make personal contact with the SARC at the gaining or home station as appropriate. This is especially appropriate for members of the Air Force Reserve or National Guard. Military personnel include members on active duty and members of the Reserve component (Reserve and National Guard) provided they are performing federal duty (active duty training or inactive duty training and members of the National Guard in Federal (Title 10) status). Air Reserve Technician not in military status, or Guard member performing duty under Title 32 of the United States Code, or retiree is not eligible. The USAF came out with this policy for implementation of “Restricted Reporting.” ANG needs specific programs. Restricted Reporting only applies to military members in an Active Duty (Title 10) status. The Director of the Air National Guard (NGB/CF) develops specific sexual assault prevention and response programs for Air National Guard (ANG) military personnel and oversees ANG force in support of Air Force policies. 4.13.4 The SARC is responsible for ensuring continuity of care and case management, as appropriate, in the event that the victim has a permanent change of station, is deployed, redeployed or discharged. The SARC should make personal contact with the SARC at the gaining or home station as appropriate. This is especially appropriate for members of the Air Force Reserve or National Guard. Military personnel include members on active duty and members of the Reserve component (Reserve and National Guard) provided they are performing federal duty (active duty training or inactive duty training and members of the National Guard in Federal (Title 10) status). Air Reserve Technician not in military status, or Guard member performing duty under Title 32 of the United States Code, or retiree is not eligible.

14. 14 What is your status? SARCs and UVAs need to understand status to understand the options available to victims. This should be one of your first questions. Need to understand the duty status of the victim at the time of the sexual assault.Need to understand the duty status of the victim at the time of the sexual assault.

15. 15 Active Duty Personnel Active Duty personnel include those persons that are serving in a Title 10, Title 32 AGR, Title 32 ADSW for more then 30 days, or as Title 32 technicians when they become victims of a sexual assault. AD personnel have two options Restricted reporting Unrestricted reporting

16. Restricted Reporting The victim of a sexual assault may report, on a confidential basis, the details of their assault to specifically identified individuals to receive medical treatment and counseling without triggering official investigation process. Identified individuals include: Healthcare providers (HCP) Sexual Assault Response Coordinator (SARC) Victim advocates It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ. It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ.

17. Restricted Reporting Upon receiving report of sexual assault, SARC will immediately assign a VA The VA will provide information on restricted vs. unrestricted Victim will acknowledge options in writing VA will report to SARC HCP, with victim consent, will conduct SAFE or refer victim to civilian provider Within 24 hours SARC will inform the Senior Commander that an assault has occurred, and provide the Commander with non-identifying personal information/details related to the sexual assault allegation (rank; gender; age; race; service; date; time and/or location). It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ. It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ.

18. Restricted Reporting Disclosure will be limited to information necessary to satisfy the purpose of the disclosure. Information is disclosed in a manner that preserves the victim’s anonymity. Careful consideration of which details to include is of particular significance at installations or other locations where there are a limited number of minority females or female officers assigned. Further disclosure will not be made without victim’s authorization It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ. It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ.

19. Exceptions to confidentiality requirement Command or law enforcement: Written Authorization To prevent or lessen serious and imminent threat to health and safety of victim or others Disability retirement boards: Limited information only SARC, HCP, or VA: To coordinate supervision and direct victim services or treatment Military or civilian courts: When ordered by Fed or State statute or international agreement It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ. Command or law enforcement: Authorized by victim in writing Necessary to prevent or lessen serious and imminent threat to health and safety of victim or another Disability retirement boards: limited to only information necessary to process determination SARC, HCP, or VA: coordination of supervision and direct victim services or treatment. Military or civilian courts: When ordered by Fed or State statute or int’l agmt It may seem confusing that the AR gives such broad language for the application. After the USAF policy came out, we learned from JTF SAPR that RR only applies to Active Duty members subject to the UCMJ. Command or law enforcement: Authorized by victim in writing Necessary to prevent or lessen serious and imminent threat to health and safety of victim or another Disability retirement boards: limited to only information necessary to process determination SARC, HCP, or VA: coordination of supervision and direct victim services or treatment. Military or civilian courts: When ordered by Fed or State statute or int’l agmt

20. Un-restricted Reporting Process service members use to disclose, without confidentiality or restricted reporting, a sexual assault. The report will trigger medical treatment, counseling and an may lead to an official investigation. Report can be made to health care provider, SARC, VA, command authorities or other persons reportable to law enforcement.

21. SA UPDATE - NGB POLICY NGB-J1 Memos 15 Jun 05 – Commander’s Checklist for Responding to Allegations of SA (2 pages, with 3 page checklist) 15 Jun 05 – SA Victim Services Resource Guide (2 pages, with sample 2 page handout) 19 Jul 05 – State SA and Response Coordinator (2 pages) NGB has sent out some guidance on SA.NGB has sent out some guidance on SA.

22. 22 Military Status other than Active Duty Military Status other then Active Duty include those in Title 32 status (not listed in AD) or those called upon for State Active Duty (SAD) Generally victims of a sexual assault are have two options Limited Reporting Un-restricted Reporting Victims can receive confidential counseling from chaplain Victim’s options are dictated by State Law.

23. Limited Reporting System Victims that report to the SARC or UVA can be confidentially referred to civilian resources Medical benefits are not provided under TRICARE but states may have separate medical assistance for members serving in SAD status SARCs are tasked with developing a confidential limited system in accordance with local laws, rules, and procedures SARCs & UVAs must know laws, rules, regs & processes for their areas! There is no new SAPR funding or authority for Guardsmen to get medical care & services.There is no new SAPR funding or authority for Guardsmen to get medical care & services.

24. SA UPDATE - THE FUTURE - NGB’s SA Working Group (SAWG) created Mar 05. Reviewing Army, USAF, DoD & DOJ materials for use in NGB SA programs. - Full-time NGB SA Response Coordinator (SARC) hired Apr 05, currently Ms Jane Lux. - NGB’s SAWG and NGB SARC working on training and implementation issues. NGB created a SA Working Group. The SAWG is reviewing materials to see what may be applied in the NG program. Funding has been provided for SARCs. NGB hired a SARC in Apr 05. The SARC will work with J-1 and the SAWG. The NGB SAWG & SARC will prepare NGB policy memos, several of which are in draft or coordination now. NGB SAWG & SARC will write NGB’s Joint SA Response Plan. The plan will be sent to the state and territory NG HQs for local revision and implementation. THE PLAN WAS FOR SARCs TO BEHIRED AT EACH STATE AND TERRITORY JOINT HQ. However funding was cut. NGB created a SA Working Group. The SAWG is reviewing materials to see what may be applied in the NG program. Funding has been provided for SARCs. NGB hired a SARC in Apr 05. The SARC will work with J-1 and the SAWG. The NGB SAWG & SARC will prepare NGB policy memos, several of which are in draft or coordination now. NGB SAWG & SARC will write NGB’s Joint SA Response Plan. The plan will be sent to the state and territory NG HQs for local revision and implementation. THE PLAN WAS FOR SARCs TO BEHIRED AT EACH STATE AND TERRITORY JOINT HQ. However funding was cut.

25. SA UPDATE - THE FUTURE A SARC found for each state & terr. to implement DoD & NGB guidance and create local programs. Programs must consider local laws, conditions, & resources for victims. Programs will implement SAPR Program, with victim support, better case accounting, training, better responses to allegations, coordination with local agencies, & improved response capability. Programs must work “hand-offs” from unit to unit Each state & territory has different resources, laws, victims rights groups, battered women’s shelters and other things that can help support victims in response to an assault. The state or territory SARC must consider those resources. SARCs should use the foundations in VWAP. SARCs should work with others in a similar “multi-disciplinary” approach, while ensuring the new rules, policies & procedures are followed. “Hand-Offs” are when a unit sends a case to another unit. If a National Guardsman is called to Iraq for active duty and assaulted, the SARC for the active duty unit should contact the SARC for the state NG unit when the member is returned home. The state SARC must continue working to insure the care for the victim.Each state & territory has different resources, laws, victims rights groups, battered women’s shelters and other things that can help support victims in response to an assault. The state or territory SARC must consider those resources. SARCs should use the foundations in VWAP. SARCs should work with others in a similar “multi-disciplinary” approach, while ensuring the new rules, policies & procedures are followed. “Hand-Offs” are when a unit sends a case to another unit. If a National Guardsman is called to Iraq for active duty and assaulted, the SARC for the active duty unit should contact the SARC for the state NG unit when the member is returned home. The state SARC must continue working to insure the care for the victim.

26. SA UPDATE - THE FUTURE SA Response Board (SARB): Each SARC needs Commanders, Law Enforcement, Chaplains, Public Affairs, JA, Medical & others to build the best program possible. Expect more guidance from DoD, Services & NGB, but local people will work with victims. Thorough local plans are essential. Like the old Victim-Witness Assistance Program (VWAP) this must be a multi-disciplinary approach.Like the old Victim-Witness Assistance Program (VWAP) this must be a multi-disciplinary approach.

27. WHY DOESN’T NG HAVE RESTRICTED REPORTING? Medical Access Size and location of installation Command control Availability of resources Applicable laws Law enforcement This requires a comparison between the Active Duty forces and the National Guard. Size, location, availability of resources At Active Bases, the commanders have security forces and law enforcement personnel. They often have an investigation section and may also have AFOSI or CID. They may have one or two evidence lockers available. They may have a small confinement facility. Guard bases may not have any law enforcement, or investigators, or evidence lockers or jails. Active duty commanders have the authority to order criminal charges and prosecutions against military members. They can bar civilians from the installation. They can recommend the prosecution of civilians by state or federal authorities. Guard commanders usually have little or no prosecution power. -- DoD has no power in local criminal cases. -- It could require NG to secure evidence for local criminal cases. -- It would need coord. with 54 govt.s & perhaps changes to their laws. The Active Duty has to comply with Federal Laws and regulations. To write a policy for DOD, people look to those laws and regs. Each state and territory has to work with their own laws and rules. They also have to consider federal laws and regs at the same time. This requires a comparison between the Active Duty forces and the National Guard. Size, location, availability of resources At Active Bases, the commanders have security forces and law enforcement personnel. They often have an investigation section and may also have AFOSI or CID. They may have one or two evidence lockers available. They may have a small confinement facility. Guard bases may not have any law enforcement, or investigators, or evidence lockers or jails. Active duty commanders have the authority to order criminal charges and prosecutions against military members. They can bar civilians from the installation. They can recommend the prosecution of civilians by state or federal authorities. Guard commanders usually have little or no prosecution power. -- DoD has no power in local criminal cases. -- It could require NG to secure evidence for local criminal cases. -- It would need coord. with 54 govt.s & perhaps changes to their laws. The Active Duty has to comply with Federal Laws and regulations. To write a policy for DOD, people look to those laws and regs. Each state and territory has to work with their own laws and rules. They also have to consider federal laws and regs at the same time.

28. 28 SA UPDATE CRISIS -- How can the NG have a SAPR Program without Restricted Reporting? - Focus on training - Referrals to civilian resources - Work hand off cases

29. SA – ANG & ARNG POLICY Chief, NGB, All States Memo on SA Policy, 12 Jun 06 Training Staffing Limited Reporting System State and Local Programs Victim Privacy Sexual Assault Review Board Latest NGB guidance, from the top! Latest NGB guidance, from the top!

30. SA UPDATE - NGB POLICY States can create their own Limited Reporting Programs, based on state & local laws, rules, benefits & procedures State Guard Programs are free to develop their own reporting program to reap both the benefits from the federal government and the state State Guard Programs are free to develop their own reporting program to reap both the benefits from the federal government and the state

31. SARC/VA RESPONSIBILITIES What must SARC & VA tell Commanders? Info on incidents, without victim ID, within 24 hours. Info to help prevent SA. Must track services to victim & report. Report process not defined yet.

32. SARC/VA RESPONSIBILITIES Do SARCs and VAs have to create entire unit programs themselves? Avoid duplication of effort. What have your local & state Active Duty units already accomplished? Can you build on the MOUs, materials, procedures or expertise they have already developed? What have other services done? Are there “best practices” you can consider & build on?

33. SARC/VA GOALS Be informed Learn state & local rules Learn the licensing requirements Be proactive Identify local counseling services Identify rape crisis centers, women’s shelters Understand the benefits available by community resources Understand how victims can apply for aid, grants or compensation Are there “Rape Shield” laws in your area to protect victims from testimony about their sex lives? What are a victim’s rights in local courts? Do the local courts have victims advocates? Are counseling services available in your town? Is there a rape crisis center or women's shelter in your town? What are their services? How can victims apply for aid, grants or compensation to help with medical bills or other expenses? Are there “Rape Shield” laws in your area to protect victims from testimony about their sex lives? What are a victim’s rights in local courts? Do the local courts have victims advocates? Are counseling services available in your town? Is there a rape crisis center or women's shelter in your town? What are their services? How can victims apply for aid, grants or compensation to help with medical bills or other expenses?

34. SA UPDATE - LEGAL ISSUES Are there “Rape Shield” laws in your area ? What are a victim’s rights in local courts? Do the local courts have victims advocates? Will a victim’s name & identity be protected in local courts? Will their name & identity be in the local press? Remember Kobe Bryant case….Remember Kobe Bryant case….

35. SA UPDATE - LEGAL ISSUES When a SARC/UVA aids a victim, the help must include info about any local mandatory reporting laws. Work with your SARB to get the info before the first victim needs help! Role Play Cases! EXERCISE EXERCISE EXERCISE Once the SARC and UVA set up the processes, they should test them. Have the UVAs call in and role play. Ask tough questions! If an Active Duty member is TDY to a Guard unit, and is assaulted, how can they get restricted reporting? If a spouse calls, how will you handle it? If a male contractor calls to report a rape by three male dependents, what can you offer or do? Where is the nearest victim’s shelter? Do they take men? Do they take women? Would children be allowed?EXERCISE EXERCISE EXERCISE Once the SARC and UVA set up the processes, they should test them. Have the UVAs call in and role play. Ask tough questions! If an Active Duty member is TDY to a Guard unit, and is assaulted, how can they get restricted reporting? If a spouse calls, how will you handle it? If a male contractor calls to report a rape by three male dependents, what can you offer or do? Where is the nearest victim’s shelter? Do they take men? Do they take women? Would children be allowed?

36. SA UPDATE - LEGAL ISSUES What about mandatory reporting laws? Each SARC & UVA must learn if there are local laws or rules that require crime reporting. Check laws, rules and processes for professions. (IE - Medical personnel must report suspected child abuse or any gunshot wounds.) Talk with your JA and SARB!

37. SA UPDATE - LEGAL ISSUES If a victim goes to a civilian doctor in your town, is the doctor required by law, rules or habit to report it? Will the doctor do a forensic exam? Who pays? How?

38. SA UPDATE - LEGAL ISSUES If a victim uses a shelter or applies for a victim assistance grant, must they report a crime?

39. 39 LAWS THAT MANDATE RAPE REPORTING California is the only state that explicitly requires medical personnel to report their treatment of a competent adult rape victim. A report must be made to the local law enforcement agency. In Kentucky, spousal rape must be reported to the Kentucky Cabinet for Health and Family Services. Massachusetts requires medical personnel to report to the Criminal History Systems Board and to the police that they have treated a rape victim; however, the report cannot include the victim’s name, address or any other identifying information. Information collected by DoD SAPRO Apr 07Information collected by DoD SAPRO Apr 07

40. 40 LAWS THAT MANDATE REPORTING OF NON-ACCIDENTAL/INTENTIONAL INJURIES In certain states, medical personnel are required to report non-accidental or intentional injuries. If a patient has suffered a non-accidental or intentional injury in addition to the rape, the injury will generally have to be reported. The question which arises in these states is whether a rape must be reported when the patient has suffered no injury other than the rape itself.

41. 41 LAWS THAT REQUIRE REPORTING OF INJURIES CAUSED BY CRIMINAL CONDUCT In certain states, medical personnel are required to report injuries caused by criminal conduct. If a patient has suffered an injury in addition to the rape as a result of the criminal conduct, the injury will generally have to be reported. Again, the question which arises in these states is whether a rape must be reported when the patient has suffered no injury other than the rape itself.

42. 42 LAWS RELATING TO OTHER CRIMES OR INJURIES WHICH MAY IMPACT RAPE VICTIMS Some states require certain types of injuries to be reported by medical personnel to law enforcement. If a rape victim presents with any of these injuries, medical personnel will be required to report the injury to law enforcement. These injuries may include injuries caused by firearms, stab wounds or non-accidental wounds caused by a knife or sharp pointed instrument, injuries caused with a deadly weapon and burns, among others.

43. 43 CRIME VICTIMS COMPENSATION ACT Criminals pay into this federal pot of money Dissemination of money occurs at state level Money is to be used by victims to pay for expenses as a result of crime – medical, funeral etc. Current policy requires cooperation with the police to file a claim under this act but that is being challenged

44. SA UPDATE - LEGAL ISSUES Will a SARC or UVA be called to testify or provide records in a trial or court-martial? It depends… Check with your JA! Be prepared to testifyBe prepared to testify

45. SA UPDATE - LEGAL ISSUES GENERAL ANSWER - In trials, the govt. must prove a crime & defense seeks proof of innocence, extenuation or mitigation. The court must insure a fair trial. Because of our legal system, judges may seek evidence or witnesses required for a fair trial. Watch out for role of the SARC – mention testimony in Navy Rape case from the SARC Whether a SARC or UVA is called to a trial depends on the facts, laws, procedures & processes in that court. WORK WITH YOUR JA! Watch out for role of the SARC – mention testimony in Navy Rape case from the SARC Whether a SARC or UVA is called to a trial depends on the facts, laws, procedures & processes in that court. WORK WITH YOUR JA!

46. SA UPDATE - LEGAL ISSUES What if a victim is called to testify? Please check with victim’s rights groups, the court, case attorneys & your JA for any victim’s rights or victim’s advocates. It may be best to send a proper escort with the victim to the trial. Check with your JA!

47. SA UPDATE - LEGAL ISSUES What about Collateral Misconduct rules? Defer discipline for victim’s misconduct until end of SA case & avoid traumatizing the victim. See DODI 6495.02, Enclosure 3 and Commanders Checklist at Enclosure 5, USAF Policy, para 10, and AR 600-20, para 8-5o(24). DODI 6495.02 DODI 6495.02 Enclosure 3 DoD SAPR PROGRAM REQUIREMENTS AND PROCEDURES E3.2.12.. Ensure commanders understand that taking action on victim collateral misconduct may be delayed until final disposition of the sexual assault case. Military Services will also ensure procedures are established that do not penalize commanders or organizations for delaying actions for collateral misconduct by the victim. Commanders must also be mindful of any potential speedy trial and/or statute of limitations concerns when determining whether to defer action. Enclosure 5, Commanders check list - ( ) Consult with servicing legal office, as needed, to determine when and how best to dispose of the victim’s collateral misconduct, if any.DODI 6495.02 DODI 6495.02 Enclosure 3 DoD SAPR PROGRAM REQUIREMENTS AND PROCEDURES E3.2.12.. Ensure commanders understand that taking action on victim collateral misconduct may be delayed until final disposition of the sexual assault case. Military Services will also ensure procedures are established that do not penalize commanders or organizations for delaying actions for collateral misconduct by the victim. Commanders must also be mindful of any potential speedy trial and/or statute of limitations concerns when determining whether to defer action. Enclosure 5, Commanders check list - ( ) Consult with servicing legal office, as needed, to determine when and how best to dispose of the victim’s collateral misconduct, if any.

48. SA UPDATE - FUTURE New Issues… Privacy in reporting… LODs… Operation JUMP START… Latest NGB guidance, from the top! Latest NGB guidance, from the top!

49. 49 SA – REFERENCES National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2004, Sections 526-527 NDAA for FY 05, Sections 576-577 DoDD 6495.01, DODI 6495.02 USAF Policy, 08 June 2005 AR 600-20, Chapter 8 DIRECTIVE TYPE MEMOS BY DR CHU - Collateral Misconduct in S. A. Cases – 12 Nov 04 - Increased Victim Support & A Better Accounting of S. A. Cases – 22 Nov 04 - Data Call for CY04 Sexual Assaults – 22 Nov 04 - Review of Administrative Separation Actions Involving Victims of S. A. – 22 Nov 04 - DOD Definition of S. A. – 13 Dec 04 - Training Standards for DOD Personnel on S. A. Prev. & Resp. Teams – 13 Dec 04 - Training Standards for Pre-Deployment Info on S. A. and Resp. Training – 13 Dec 04 - Commander Checklist for Responding to Allegations of S. A. – 15 Dec 04 - Response Capability for S. A. – 17 Dec 05 - Collaboration with Civilian Authorities for S. A. Victim Support – 17 Dec 04 - Training Standards for S. A. Response Training – 17 Dec 04 DIRECTIVE TYPE MEMOS BY DR CHU - Collateral Misconduct in S. A. Cases – 12 Nov 04 - Increased Victim Support & A Better Accounting of S. A. Cases – 22 Nov 04 - Data Call for CY04 Sexual Assaults – 22 Nov 04 - Review of Administrative Separation Actions Involving Victims of S. A. – 22 Nov 04 - DOD Definition of S. A. – 13 Dec 04 - Training Standards for DOD Personnel on S. A. Prev. & Resp. Teams – 13 Dec 04 - Training Standards for Pre-Deployment Info on S. A. and Resp. Training – 13 Dec 04 - Commander Checklist for Responding to Allegations of S. A. – 15 Dec 04 - Response Capability for S. A. – 17 Dec 05 - Collaboration with Civilian Authorities for S. A. Victim Support – 17 Dec 04 - Training Standards for S. A. Response Training – 17 Dec 04

50. SA UPDATE – PRACTICAL CONCERNS Program must prevent & heal SA. It must work well for members & employees in Title 10 & 32 Status. It must be work at home, in CONUS & OCONUS. Teamwork is key! We need your ideas, help & support. NGB/JA POC is Major Erin McMahon, DSN 327-2706, 703 607-2706. Call with any legal questions! MATERIALS & INFORMATION The briefer should have copies of the following materials and information. References to the laws, DODD, AFI and AR. (These are available on-line.) References to the DOD and USAF reports. References to the FY05 NDAA. Copies of the DTMs. Copies of news articles or press releases on the program. SEE THE CD FOR MORE INFORMATION. MATERIALS & INFORMATION The briefer should have copies of the following materials and information. References to the laws, DODD, AFI and AR. (These are available on-line.) References to the DOD and USAF reports. References to the FY05 NDAA. Copies of the DTMs. Copies of news articles or press releases on the program. SEE THE CD FOR MORE INFORMATION.

51. 51 SA UPDATE - LEGAL ISSUES Can VWAP materials, programs, & processes be tailored to the new SA response programs? USAF/JA created a DocuShare collection of materials . NGB SAWG is reviewing those and other Army, AF, DOD & DOJ materials. These materials will have to be reviewed and revised to comply with new policies, such as “Restricted Reporting.” Another legal issue involves state laws. If a victim wants confidentiality, yet goes to a civilian health care facility, does the medical provider have any legal duty, under state laws, to make an official reporting of the SA or rape? Another legal issue involves state laws. If a victim wants confidentiality, yet goes to a civilian health care facility, does the medical provider have any legal duty, under state laws, to make an official reporting of the SA or rape?

52. 52 INTERNET REFERENCES NGB Site: http://www.ngb.army.mil/staff/j1/sapr/ DoD Site: www.sapr.mil Army Site: www.sexualassault.army.mil DOJ Site: www.ojp.usdoj.gov/ovc/ JAG Sites – Check with your JAG about any resources on JAGCNET or FLITE http://www.dod.mil/vwac/ http://www.ojp.usdoj.gov/ovc/http://www.dod.mil/vwac/ http://www.ojp.usdoj.gov/ovc/