for spouse pre-command course 16 may 2007

2. Statistics show that rates of domestic violence among Army families are not only lower than national standards, but they are also steadily decreasing. Despite good news, the Army lost four wives and one husband in an eight-week string of deadly violence. Violence is not compatible with our core values. It is contrary to everything we believe in as an organization: respect, honor, integrity, personal courage. We believe that everyone — man, woman and child - has the right to feel free from harm. While the vast majority of Army families enjoy relationships of mutual love and respect, thousands of Army spouses and children become victims of violence each year as a result of stress and unsettled problems. The Army expects leaders to react without hesitation when they become aware of known or suspected abuse.Statistics show that rates of domestic violence among Army families are not only lower than national standards, but they are also steadily decreasing. Despite good news, the Army lost four wives and one husband in an eight-week string of deadly violence. Violence is not compatible with our core values. It is contrary to everything we believe in as an organization: respect, honor, integrity, personal courage. We believe that everyone — man, woman and child - has the right to feel free from harm. While the vast majority of Army families enjoy relationships of mutual love and respect, thousands of Army spouses and children become victims of violence each year as a result of stress and unsettled problems. The Army expects leaders to react without hesitation when they become aware of known or suspected abuse.

3. FAP Mission To Reduce Violence By: Educating Soldiers and families about abuse and prevention. Ensuring prompt reporting and investigation of abuse. Providing soldiers and family members with the skills to thrive amidst the ever-changing world of the family, recruiting and the Army. The Army Family Advocacy Program helps soldiers and their families nurture healthy relationships by working with family and individual strengths. Since every relationship endures occasional periods of stress and change, FAP zeroes in on specific problem areas to help soldiers and their family members resolve their issues constructively and overcome difficulties. FAP’s first steps in preventing family violence begin with leaders. It offers a variety of tools that leaders can use in educating, preventing, identifying, assessing and treating family violence. A leader’s first introduction to the FAP should be within the first 45 days of assuming command, as outlined in Army Regulation 608-18. FAP trainers outline leaders’ responsibility to prevent family violence and provide a link to community resources that can assist both the offenders and victims of family violence. The Army Family Advocacy Program helps soldiers and their families nurture healthy relationships by working with family and individual strengths. Since every relationship endures occasional periods of stress and change, FAP zeroes in on specific problem areas to help soldiers and their family members resolve their issues constructively and overcome difficulties. FAP’s first steps in preventing family violence begin with leaders. It offers a variety of tools that leaders can use in educating, preventing, identifying, assessing and treating family violence. A leader’s first introduction to the FAP should be within the first 45 days of assuming command, as outlined in Army Regulation 608-18. FAP trainers outline leaders’ responsibility to prevent family violence and provide a link to community resources that can assist both the offenders and victims of family violence.

4. Major Changes Jan 06 – Intimate Partner Abuse Share domicile and reside together Have a child together Apr 06 – Restricted Reporting Option Can receive medical treatment and counseling Not reported to military chain of command or investigators (CID, MP) Statistics show that rates of domestic violence among Army families are not only lower than national standards, but they are also steadily decreasing. Despite good news, the Army lost four wives and one husband in an eight-week string of deadly violence. Violence is not compatible with our core values. It is contrary to everything we believe in as an organization: respect, honor, integrity, personal courage. We believe that everyone — man, woman and child - has the right to feel free from harm. While the vast majority of Army families enjoy relationships of mutual love and respect, thousands of Army spouses and children become victims of violence each year as a result of stress and unsettled problems. The Army expects leaders to react without hesitation when they become aware of known or suspected abuse.Statistics show that rates of domestic violence among Army families are not only lower than national standards, but they are also steadily decreasing. Despite good news, the Army lost four wives and one husband in an eight-week string of deadly violence. Violence is not compatible with our core values. It is contrary to everything we believe in as an organization: respect, honor, integrity, personal courage. We believe that everyone — man, woman and child - has the right to feel free from harm. While the vast majority of Army families enjoy relationships of mutual love and respect, thousands of Army spouses and children become victims of violence each year as a result of stress and unsettled problems. The Army expects leaders to react without hesitation when they become aware of known or suspected abuse.

5. Commander & NCOIC Roles Attend FAP education briefing within 45 days of assumption of command or position Ensure all soldiers have a mandatory annual briefing on domestic violence and the Army Family Advocacy Program IAW AR 608-18 Commit to a partnership for safety Build an atmosphere of trust Connect soldiers and families to support. programs and services The leader’s responsibility in preventing family violence is an ongoing affair of education and support. Next to soldiers themselves, leaders are the primary team members for successful prevention because they specialize in assisting soldiers and families on a daily basis. Commanders and leaders are in a perfect position to prevent family violence by simply keeping their eyes and ears focused on soldiers’ behavior and suggesting the use of prevention tools provided by the Family Advocacy Program. Leaders can build trust with their soldiers by fostering an open dialogue and openly acknowledging that everyone experiences trouble sometimes. Soldiers should also realize that stress decreases one’s ability to make sound decisions. The leader’s responsibility in preventing family violence is an ongoing affair of education and support. Next to soldiers themselves, leaders are the primary team members for successful prevention because they specialize in assisting soldiers and families on a daily basis. Commanders and leaders are in a perfect position to prevent family violence by simply keeping their eyes and ears focused on soldiers’ behavior and suggesting the use of prevention tools provided by the Family Advocacy Program. Leaders can build trust with their soldiers by fostering an open dialogue and openly acknowledging that everyone experiences trouble sometimes. Soldiers should also realize that stress decreases one’s ability to make sound decisions.

6. Reporting All suspected or known incidents of abuse must be reported to USAREC COC within 24 hours Cases must be referred to the nearest servicing military installation with a Family Advocacy Program Case Review Committee (CRC) A substantiated / unsubstantiated case by the CRC is not the same as a civilian or military criminal investigation Even if the case is handled in a civilian court, it must still go before a CRC Leaders must: report all suspected or known incidents of child and spouse abuse to the USAREC EOC within 24; prepare a Serious Incident Report providing all relevant information for investigation by gathering situational details and asking such specific questions as Who? When? Where?; advise the chain of command about the incident and actions being taken; inform victims about support programs designed to meet their emotional, physical and financial needs; work jointly with the command when called upon to carry out safety measures; and play an active role in the treatment process by communicating with the FAP multidisciplinary team and ensuring soldiers are granted the time to attend counseling and classes outlined in the treatment plan. The Case Review Committee is treatment-oriented and may substantiate an incident even though the legal system does file charges. Leaders must: report all suspected or known incidents of child and spouse abuse to the USAREC EOC within 24; prepare a Serious Incident Report providing all relevant information for investigation by gathering situational details and asking such specific questions as Who? When? Where?; advise the chain of command about the incident and actions being taken; inform victims about support programs designed to meet their emotional, physical and financial needs; work jointly with the command when called upon to carry out safety measures; and play an active role in the treatment process by communicating with the FAP multidisciplinary team and ensuring soldiers are granted the time to attend counseling and classes outlined in the treatment plan. The Case Review Committee is treatment-oriented and may substantiate an incident even though the legal system does file charges.

7. Attend Case Review Committee (CRC) presentations pertaining to their soldiers and family members Ensure soldiers involved in domestic violence complete the treatment recommended by the CRC and/or ordered by the court Report soldiers convicted of misdemeanor crime of domestic violence to the Bde SJA and Bde FAPC IAW the Lautenberg Amendment. Responsibilities Department of Army policy dated May 21, 1999, prohibits any soldier who has been convicted in court of a misdemeanor crime of domestic violence from having access to or possessing firearms or ammunition. Since this policy affects a soldier’s capacity to handle or fire a weapon, it means that soldiers cannot undergo weapons qualifications or be deployed. Such soldiers are barred from re-enlistment. Leaders must report soldiers charged of a misdemeanor crime of domestic violence to the SJA for proper processing and tracking. If the soldier is convicted of a misdemeanor of domestic violence by civilian authorities or in a military court, the Lautenberg Amendment comes into play and impacts a soldier’s career. Nonjudicial punishment, summary courts-martial and deferred prosecutions are not included in the definition of “conviction.” While the FAP does not recognize ‘intimate partners’ and ‘significant others’ as victims of domestic violence eligible for treatment, civilian authorities may prosecute soldiers for the incident and the Lautenberg Amendment impacts a soldier’s career.Department of Army policy dated May 21, 1999, prohibits any soldier who has been convicted in court of a misdemeanor crime of domestic violence from having access to or possessing firearms or ammunition. Since this policy affects a soldier’s capacity to handle or fire a weapon, it means that soldiers cannot undergo weapons qualifications or be deployed. Such soldiers are barred from re-enlistment. Leaders must report soldiers charged of a misdemeanor crime of domestic violence to the SJA for proper processing and tracking. If the soldier is convicted of a misdemeanor of domestic violence by civilian authorities or in a military court, the Lautenberg Amendment comes into play and impacts a soldier’s career. Nonjudicial punishment, summary courts-martial and deferred prosecutions are not included in the definition of “conviction.” While the FAP does not recognize ‘intimate partners’ and ‘significant others’ as victims of domestic violence eligible for treatment, civilian authorities may prosecute soldiers for the incident and the Lautenberg Amendment impacts a soldier’s career.

8. To provide monthly monetary compensation and other tangible benefits to family members of service personnel separated for family member abuse Transitional Compensation is a Congressional-mandated program to assist family members who have been abused by a military member. TC grants monthly transitional compensation benefits, medical and dental coverage, and access to the commissary and post exchange to victims of family violence whose service members have had all pay and allowances forfeited or are separated from the Army for reasons of dependent abuse via court-martial or administrative action. Spouse or former spouses who were married to the service member at the time of the domestic-abuse offense, as well as dependent children, are potential recipients. Leaders should check for any history of domestic violence, even when soldier is discharged through administrative actions. If there is a history of domestic violence, it must be noted in the discharge paperwork so the family will be eligible for transitional compensation. There has been no increase in the number of abuse reports since transitional compensation was mandated. There are very strict guidelines for eligibility.Transitional Compensation is a Congressional-mandated program to assist family members who have been abused by a military member. TC grants monthly transitional compensation benefits, medical and dental coverage, and access to the commissary and post exchange to victims of family violence whose service members have had all pay and allowances forfeited or are separated from the Army for reasons of dependent abuse via court-martial or administrative action. Spouse or former spouses who were married to the service member at the time of the domestic-abuse offense, as well as dependent children, are potential recipients. Leaders should check for any history of domestic violence, even when soldier is discharged through administrative actions. If there is a history of domestic violence, it must be noted in the discharge paperwork so the family will be eligible for transitional compensation. There has been no increase in the number of abuse reports since transitional compensation was mandated. There are very strict guidelines for eligibility.

9. US Army Recruiting Command

10. 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 As a result of increasing reports of sexual assaults, particularly in the Area of Responsibility (AOR), Secretary of Defense Donald Rumsfeld directed a complete review of DoD sexual assault programs, focusing primarily on the care of victims. To meet his mandate, the Care for Victims Task Force was established. They did a comprehensive review of all the Services’ sexual assault programs and policies and released their report in April 2004. Among their findings was the significant fact that no standard sexual assault policy existed within DoD. Why didn’t such a policy exist? Because sexual assault (SA) is a crime and has historically been handled as a crime. Just as there was no murder policy, there was no sexual assault policy. As a result of increasing reports of sexual assaults, particularly in the Area of Responsibility (AOR), Secretary of Defense Donald Rumsfeld directed a complete review of DoD sexual assault programs, focusing primarily on the care of victims. To meet his mandate, the Care for Victims Task Force was established. They did a comprehensive review of all the Services’ sexual assault programs and policies and released their report in April 2004. Among their findings was the significant fact that no standard sexual assault policy existed within DoD. Why didn’t such a policy exist? Because sexual assault (SA) is a crime and has historically been handled as a crime. Just as there was no murder policy, there was no sexual assault policy.

11. Sexual Assault Defined Sexual assault is a crime. It 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. 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. Every report, DoD or Service specific, on sexual assault that has been done cites that there has been considerable confusion in the field as to what actions or behaviors constitute assault and what constitutes harassment. All of the Services had varying definitions of assault, but they were legalistic in nature and quite frankly didn’t communicate to the average Soldier, Sailor, Airman or Marine. The definition began by establishing that sexual assault is a crime. The intent of putting this upfront is to get everyone’s attention. Sexual assault is a crime. This sexual assault definition is intended to be used by the Services in all of their training programs. It is the starting point of the conversation as to what constitutes assault. It is designed to let groups discuss it and come to an understanding as to what is assault. Every report, DoD or Service specific, on sexual assault that has been done cites that there has been considerable confusion in the field as to what actions or behaviors constitute assault and what constitutes harassment. All of the Services had varying definitions of assault, but they were legalistic in nature and quite frankly didn’t communicate to the average Soldier, Sailor, Airman or Marine. The definition began by establishing that sexual assault is a crime. The intent of putting this upfront is to get everyone’s attention. Sexual assault is a crime. This sexual assault definition is intended to be used by the Services in all of their training programs. It is the starting point of the conversation as to what constitutes assault. It is designed to let groups discuss it and come to an understanding as to what is assault.

12. Types of Sexual Assault Rape Physical force Constructive force Date/acquaintance (non-stranger) Marital rape* Nonconsensual sodomy Indecent assault Attempts to commit these acts Carnal knowledge* *reported through the Family Advocacy Program Marital rape and carnal knowledge are handled as spouse and child abuse through the Family Advocacy Program.Marital rape and carnal knowledge are handled as spouse and child abuse through the Family Advocacy Program.

13. Sexual Assault Trends Current sexual assault trend data shows that: 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 assaults occur in Soldier living areas, such as barracks More than half of sexual assault cases involve alcohol use

14. Victim’s Reporting Options Two reporting options Unrestricted Restricted Ensure victims receive medical, counseling and advocacy services Remove barriers Perceived lack of privacy/confidentiality Embarrassment/stigma Fear of reprisal from offender Lack of confidence in chain of command Fear of repercussions regarding collateral misconduct Concern about how report will affect their career, unit, and the mission Build victim’s trust in system to increase reporting The very private and personal nature of sexual assault makes it one of the most underreported crimes in our society at large and in the military. As a result of all the combined task forces, and research and consultation with various subject matter experts, the Department decided at a minimum, it needed to create a policy which made it easier for victims to come forward and get care and treatment to begin the healing process. The primary purpose of victim reporting options is to ensure victims of sexual assault receive medical, counseling and advocacy services. The Care for Victims of Sexual Assault Task Force identified several barriers to reporting. Some of these barriers are common in the civilian community, e.g., embarrassment/stigma, while others, like lack of confidence in the chain of command or fear about how the report will affect their career, the unit and the mission, are unique to the military setting. One of the biggest barriers to reporting (especially in the military since we tend to be such a closed community) is the victim’s desire for no one to know what happened. The Department wanted to remove some of the barriers shown here to help encourage a victim to come forward and get help. The very private and personal nature of sexual assault makes it one of the most underreported crimes in our society at large and in the military. As a result of all the combined task forces, and research and consultation with various subject matter experts, the Department decided at a minimum, it needed to create a policy which made it easier for victims to come forward and get care and treatment to begin the healing process. The primary purpose of victim reporting options is to ensure victims of sexual assault receive medical, counseling and advocacy services. The Care for Victims of Sexual Assault Task Force identified several barriers to reporting. Some of these barriers are common in the civilian community, e.g., embarrassment/stigma, while others, like lack of confidence in the chain of command or fear about how the report will affect their career, the unit and the mission, are unique to the military setting. One of the biggest barriers to reporting (especially in the military since we tend to be such a closed community) is the victim’s desire for no one to know what happened. The Department wanted to remove some of the barriers shown here to help encourage a victim to come forward and get help.

15. Leader Responsibilities Be Proactive Be aware of sexual assault risk factors Convey the message that sexual assault can be prevented Treat sexual assault victims with sensitivity Create a supportive environment Alleviate fear of reprisal Report alleged misconduct of perpetrators to law enforcement Delay action against victims for alleged collateral misconduct

16. What are your questions? The USAREC Family Advocacy Program staff are the subject-matter-experts for the commander. They have two primary functions -- ensure the FAP prevention education program is accomplished; and serve as liaisons between the chain of command and the servicing installation FAP staff. The FAP positions are filled as “Term” status not to exceed four years. OSD dollars for the FAP are used to fund labor costs. When the Brigade FAPC position is vacant, the Brigade SFA is responsible for the FAPC duties. The USAREC Family Advocacy Program staff are the subject-matter-experts for the commander. They have two primary functions -- ensure the FAP prevention education program is accomplished; and serve as liaisons between the chain of command and the servicing installation FAP staff. The FAP positions are filled as “Term” status not to exceed four years. OSD dollars for the FAP are used to fund labor costs. When the Brigade FAPC position is vacant, the Brigade SFA is responsible for the FAPC duties.