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Drill Sergeant/Recruiter Training. Terminal Learning Objective. Program Purpose. Eliminate incidents of sexual assault through a comprehensive program that centers on: Awareness and prevention Training and education Reporting Response Victim advocacy Accountability.
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Program Purpose Eliminate incidents of sexual assault through a comprehensive program that centers on: • Awareness and prevention • Training and education • Reporting • Response • Victim advocacy • Accountability
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
Army Policy Applies… • Both on and off post • During duty and non-duty hours (24/7) • To working, living and recreational environments AR 600-20, Paragraph 8-2
Army Values vs. Sexual Assault oyalty uty espect elfless Service onor ntegrity ersonal Courage Sexual Assault • Is a selfish act • Breaks down the ability to work effectively as a team • Shows a lack of respect for others • Is a criminal offense • Is punishable under UCMJ • Violates every Army Value Army Values • L • D • R • S • H • I • P
Warrior Ethos vs. Sexual Assault Sexual Assault • Degrades mission readiness by impacting unit cohesion • Is a cowardly act perpetrated by those who have given up on the Army Values • Is an act carried out by individual(s) without a moral compass • Erodes the bond that makes Soldiers willing to die for one another Warrior Ethos • I will always place the mission first • I will never accept defeat • I will never quit • I will never leave a fallen comrade
Soldier’s Creed vs. Sexual Assault Sexual Assault • Breaks down the ability to work effectively as a team • Represents a lack of discipline • Is not a professional behavior • Degrades readiness • Contradicts American values Soldier’s Creed • I am a Soldier and a member of a team. I serve the people of the United States and live the Army Values • I am disciplined, physically and mentally tough, trained and proficient in my Soldier tasks and drills. I always maintain my arms, my equipment and myself • I am an expert and I am a professional • I stand ready to deploy, engage, and destroy the enemies of the United States of America in close combat • I am a guardian of freedom and the American way of life • I am an American Soldier
Review: Army Sexual Assault Policy In this topic you learned: • Sexual assault is a criminal offense that has no place in the Army • The sexual assault policy is in effect 24 hours a day/ 7 days a week • Sexual assault contradicts Army Values, Warrior Ethos, and the Soldier’s Creed
Sexual Assault Defined • Sexual assault - 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 can occur without regard to gender, 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 perpetrator uses force, threat of force, coercion, or when the victim is asleep, incapacitated, or unconscious.
Types of Sexual Assault • Rape • Physical force • Constructive force • Date/acquaintance (non-stranger) • Marital (Family Advocacy Program) • Nonconsensual sodomy • Indecent assault • Attempts to commit these acts • Carnal knowledge (Family Advocacy Program)
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
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
Victim’s Emotional Effects Anxiety Powerlessness Perseverance Disorganization Self-blame Distorted self-image Depression Withdrawal Individual reactions vary widely:
Review: Assault Types and Effects 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 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 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
Assess Risk Factors Assess your unit climate. Do you have: • Zero alcohol-related incidents in the unit? (where applicable) • Established barracks security measures in place? • Adequate supervision for off-duty enlisted Soldiers? • Safe environment with open communication between Soldiers and leadership?
Sexual Assault Prevention Messages Rely on your instincts and be watchful Establish and maintain your limits Avoid the use of alcohol and drugs
Teach A.S.A.P. Prevention Method Aware Safe Assertive Prepared BE
Show Respect for Fellow Soldiers Remind Soldiers that “No” means “No” even if the other person: • Says “Yes,” but changes his or her mind • Has been kissing you or "making out" with you • Has had sex with you before • Has been drinking alcohol • Wears provocative clothing Consent must be given before any sexual contact
Review: Risk Factors and Prevention In this topic you learned prevention approaches for your unit including: • Avoid alcohol and drugs • Rely on instincts and be watchful • Establish and maintain limits • Remember to be Aware, Safe, Assertive, and Prepared • Soldiers always have the right to say “NO!”
Drill Sergeant’s/Recruiter’s Responsibilities (1 of 2 ) Educate your Soldiers on sexual assault, including: • The Army policy • The actions that will not be tolerated • Prevention measures • Soldier’s responsibilities towards victims
Drill Sergeant’s/Recruiter’s Responsibilities (2 of 2) Prevent sexual assault incidents: • Monitor the unit climate • Show support for the policy • Explain consequences for perpetrators • Provide a role model by living the Army Values
Soldier’s Responsibilities to Victims • Listen to the victim and take the allegations seriously • Make no judgments about the victim or the alleged perpetrator • Encourage the victim to report the crime • Support the victim and show respect • Get assistance • Protect the victim’s confidentiality
Review: Responsibilities In this topic you learned: • Drill Sergeants’/Recruiters’ responsibilities to educate their Soldiers and support the Army policy • Soldier’s responsibilities towards victims
Report Sexual Assault Immediately • Victims • Should report to SARC, VA, healthcare provider, or Chaplain, • Witnesses • Should report to the chain of command or law enforcement agency. Report as a friend, acquaintance, family member, or fellow Soldier • Commander • Has authority to defer disciplinary action on victims’ “collateral” misconduct
Restricted Reporting • Allows a Soldier who is sexually assaulted to disclose the details of his/her assault to specifically identified individuals and receive medical treatment and counseling, without triggering the official investigative process. • Report confidentially to: • 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 an unrestricted report.
Purpose of Restricted Reporting • Empower victims with additional time and increased control • Provide senior mission commanders a more accurate picture of the amount of sexual assaults within their command • Enhance a commander’s ability to provide an environment which is safe
Unrestricted Reporting Notify one of the following resources to make an unrestricted report: • SARC • VA • Healthcare Provider • Chaplain • Chain of Command • Military Police • Criminal Investigation Division • Army Community Services (ACS) • Staff Judge Advocate • Local and State Police • 911
Purpose of Unrestricted Reporting • Ensure widest range of rights and protections for victim • Provide commander support for victim • Provide full investigation to hold offender(s) accountable • Enhance community and Soldier safety
Consequences of Not Reporting • Degrading of unit morale and readiness • Inability of Army to provide medical care and counseling • Inability of authorities to conduct an investigation • Victims do not receive the proper care • Inability to discipline perpetrators • Possibility that perpetrator may assault others
False Reporting • False allegations are a crime under the UCMJ • Types of false reporting • False official statement • False swearing
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) dismissal from the service (commissioned officers only), and reduction to E-1 (enlisted Soldiers only.)
Review: Reporting Sexual Assault In this topic you learned: • Reporting guidelines • Information to report • Reasons to report • Types of reporting: restricted and unrestricted • Consequences of not reporting • Legal sanctions
Rights of the Victim Be treated with fairness and respect Victims have the right to Opt for Restricted or Unrestricted Reporting (Soldiers only) Be protected Be notified of court proceedings Seek/obtain Information about the the case Confer with the attorney for the government Be present at all court proceedings
Available Resources-Restricted Reporting • Sexual Assault Response Coordinator (SARC) • Victim’s Advocate (VA) • Medical Facility (military or local) • Unit Chaplain These resources are available to victims for both restricted and unrestricted reporting.
Available Resources-Unrestricted Reporting • SARC • VA • Healthcare provider • Chaplain • Chain of Command • Military Police • Criminal Investigation Division (CID) • Army Community Services (ACS) • Staff Judge Advocate (SJA) • Local and State Police • 911 • Army One Source (AOS)
Review: Victim’s Rights and Resources In this topic you learned: • Victim’s rights • Resources available to assist the victim: • Army Community Services (ACS) • Staff Judge Advocate (SJA) • Local or State Police • 911 • Army One Source (AOS) • SARC/VA • Medical facilities • Unit Chaplain • Chain of command • Military Police • Criminal Investigation Division (CID)