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When sexual assault occurs across Services, CID works together with their counterparts in the US Air Force Office of Special Investigations and/or the Naval Criminal Investigative Service. There is often a joint investigation with each Service's criminal investigation agency conducting complimentary investigative tasks to prepare a complete final report that can be provided to the appropriate Service's action commander and corresponding Staff Judge Advocate (lawyer).
CID will be involved in sexual assault cases that involve an Army victim or that affect the Army. Typically, CID conducts joint investigations with civilian police authorities (US or foreign) or with foreign military law enforcement agencies in these types of cases. Each investigative agency conducts complimentary investigative tasks to prepare a complete final report that can be provided to the appropriate judicial authority (military or civilian). CID routinely conducts many joint investigations with civilian and other military law enforcement agencies on a variety of felony crimes. Joint investigations are a normal business practice within the criminal investigative field.
Anytime there is knowledge of a crime, or a crime to be committed in the future, the individual should report it to the MP, CID, or the chain of command.
Yes, all military sex offenders must register with the state sex offender register and the installation provost marshal as required by federal and state statutes.
Collateral misconduct refers to misconduct by the victim of a sexual assault. It is defined by example in the DoD DTM quoted below.
Commanders should consult with their servicing Office of the Staff Judge Advocate or other servicing Judge Advocate in making these determinations. The delayed action policy means that a Commander may delay action, but does not require delaying action. The DoD Directive Type Memorandum (DTM) directly addresses this issue. It states:
One of the most significant barriers to the reporting of a sexual assault is the victim's fear of punishment for some of the victim's own actions leading up to or associated with the sexual assault incident. Many reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct (i.e., underage drinking or other related alcohol offenses, adultery, fraternization or other violations of certain regulations or orders). Such behavior may be considered collateral misconduct, and may be viewed as a contributing factor to the sexual assault. Unit commanders have authority to determine, in a timely manner, how to best dispose of alleged misconduct, to include making the decision to defer disciplinary actions regarding a victim's collateral misconduct until after the final disposition of the sexual assault case. Unit commanders should exercise that authority in appropriate cases.... When considering what corrective actions may be appropriate for the victim's collateral misconduct, commanders and supervisors should keep in mind the critical importance of responding appropriately in order to encourage sexual assault reporting and continued cooperation, while avoiding those actions that may further traumatize the victim.
If a Commander learns of victim misconduct outside of the confidential relationship, then a Commander can act upon that information. Depending upon the facts, there may or may not be enough evidence to act under the UCMJ. Commanders should consult with their servicing Office of the Staff Judge Advocate or other servicing Judge Advocate in making these determinations.
When determining the best course of action for separating victims from the subject(s) during the investigation of sexual assault cases, Commanders should ensure that re-victimization does not occur. Commanders should consider the victim's preferences and all relevant facts and circumstances of the case to determine the appropriate course of action to avoid re-victimization. Commanders may consider transferring the victim to another unit but should be aware of and consider the fact that there may be a perception that the victim's transfer from the unit is a result of reporting the incident. Commanders may consider using a Military Protection Order (MPO) (DD Form 2873), referred to as "no contact orders." MPOs are an effective tool for commanders to maintain the safety of the victims and witnesses. If the victim lives off post, he or she may obtain a restraining order from the civilian courts.
Regardless of the reason for initiating the separation action, the victim is entitled to a full and fair consideration of her or his military service and particular situation. It is vital that all such separation actions and all determinations be consistent and appropriate, and be viewed as such. Separation actions are in accordance with AR 600-8-24 (Officer Transfers and Discharges) for officers, AR 635-200 (Active Duty Enlisted Administrative Separations) for enlisted, and appropriate Reserve Component regulations.
As appropriate and as listed in regulations above.
None of them have been excluded, and it is possible that they could be asked to testify at a court-martial. Normally, Soldier witnesses are ordered to appear by their Commanders. If someone with a confidential relationship with a victim is either the subject of an attempted interview by anyone or ordered to appear at a court-martial as a witness relating to the confidential matters, that person should report that fact to the servicing Trial Counsel. DoD has created an administrative privilege. We believe that it may be sustained in court, but that issue remains to be litigated.
Yes. UVA is one of two Soldiers/civilians who is appointed on orders by each Battalion level commander and trained to perform collateral duties in support of victims of sexual assault particularly in deployed environments. UVAs are supervised in the performance of their duties by the SARC. The UVA will be an NCO (SSG or higher), Officer (1LT/CW2 or higher, or Civilian (GS-9 or higher). Deployable SARCs are Soldiers/civilians assigned at brigade/unit of action and higher levels of command who are designated and trained to assume the duties of the SARC during deployments. The deployable SARC will be an NCO (SFC or higher), Officer ( MAJ /CW3 or higher), or Civilian (GS-11 or above) and should be prepared to assume the executive agent role for coordinating sexual assault response at a level commensurate with the level of command to which they are assigned (i.e., Brigade/unit of action through theater of operation )
No "goal" is set for a ratio of male/female UVAs and SARCs.
Sexual assault can reduce the strength of your entire unit. You have a responsibility as a Soldier to work to prevent sexual assault from occurring in your unit.
The Army Hotline for Victims of Assault: You can access Military OneSource:
Source: Sexual Assault Prevention & Response Program - FAQs. U.S. Army "I A.M. Strong" program, January 2009.
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| Copyright 2009 |
