Active-Duty Service Members and Adult Military Dependents
Department of Defense policy outlines services for military members who have been sexually assaulted. DoD Directive 6495.01 establishes the Sexual Assault Prevention and Response (SAPR) program. DoD Instruction 6495.02 details SAPR program implementation including comprehensive procedures in responding to the crime of sexual assault within the DoD. Military members who are supported via the DoD SAPR program include individuals 18 years and older who are affiliated with the military (active duty, reserves, guard on Title 10 status, Army and Air Force federal civilian employees and family members of a service member).
Individuals 18 years and older who are affiliated with the military (active duty, reserves, guard, DoD civilians or dependents) have reporting options like non-military patientsNon-military patients are defined as all patients presenting to any facility (civilian or military installation) who are not active-duty service members (ADSM). Sexual assault patients shall have a team of support in the community, including but not limited to:
• Community-based advocates,
• Law enforcement officers,
• SANEs, physicians or nurses trained in sexual assault medical forensic evidence collection,
• Law enforcement victim service advocates, and
• District Attorney’s Office personnel, legal victim advocates and attorneys.
A sexual assault “resp.... The two reporting choices include “unrestricted” and “restricted” (confidential). Filing an official unrestricted or restricted report must be done through a Sexual Assault Response Coordinator (SARC)"The SARC shall serve as the single point of contact for coordinating appropriate and responsive care for sexual assault victims. SARCs shall coordinate sexual assault victim care and sexual assault response when a sexual assault is reported. The SARC shall supervise SAPR VAs but may be called on to perform victim advocacy duties." (DoD, 2017, p. 3). More. This will ensure that both options are explained to those who report sexual assault, and they can then make an informed decision regarding said options. An overview of these options is provided below.
It is critical that military-affiliated survivors receive information about their reporting options from a person knowledgeable of the DoD policy that defines reporting choices. Assistance for military members who need more information about their options can be accessed by the DoD Safe Helpline (877-995-5247), DoD SAPR website (or local military sexual assault hotline. The DoD Safe Helpline provides resources, information, and referral options to those who report sexual assault or harassment without compromising the restricted report option.
Payment for forensic evidence collection in either official unrestricted or restricted reports should be billed to TRICARE (via TRICARE Policy Manual 6010.54-M, Chap 7, Section 26.1, Oct 28, 2009) or arranged with the military law enforcement agency handling the investigation.
Texas law (Family Code §261.101 and Human Resources Code §48.051) mandates that anyone who believes a child (under 18 years of age), person 65 years or older or an adult with disabilities“Person with a mental, physical, or intellectual or developmental disability that substantially impairs the person’s ability to provide adequately for the person’s care or protection and who is: (A) 18 years of age or older; or (B) under 18 years of age and who has had the disabilities of minority removed (Texas Human Resources Code §48.002). More is being abused, neglected, or exploited must report it to DFPS. (See Mandatory Reporting section of this protocol.)
Individuals affiliated with the military may choose not to notify any military agency or make an official report through military channels. For these incidences, the individual has access to the same civilian reporting choices as defined in the following section.
Follow-up care should be recommended, and the restricted reporting option is honored throughout medical care post–sexual assault.
Unrestricted report
- Includes reporting the incident to law enforcement and to the patient’s chain of command (supervisors or commanders).
- The sexual assault will be investigated by the law enforcement agency with jurisdiction (may be either civilian or military law enforcement).
- Patient has access to all support services, including:
- Health care treatment,
- Assignment of a SARC and a Sexual Assault Prevention and Response Victim Advocate (SAPR VA).
- The SARC shall be notified, respond, or direct a SAPR VA to respond, offer the victim health care treatment and a Sexual Assault Forensic Exam (SAFE), and inform the victim of available resources.
Restricted report
- DOES NOT trigger an investigation.
- The command is notified that a sexual assault occurred but is not given the survivor’s name or other personally identifying information.
- Restricted reporting allows service members and military dependents who are adult sexual assault survivors to confidentially disclose the assault to specified individuals (SARC, SAPR VA, ChaplainProvides "support to sexual assault patients (victim/suspect)." The chaplain "cannot take a report of sexual assault" (U.S. Department of Defense [DoD], 2017, p. 114). More, Special Victim Counsel [SVC] or health care personnel) and receive health care treatment, a sexual assault forensic exam and the assignment of a victim advocate.
- Restricted reporting is available only to service members and adult military dependents.
- If a law enforcement officer or the survivor’s chain of command becomes aware of a restricted report, an investigation is required. It is critical that military-affiliated survivors receive information about their reporting options from a person knowledgeable of the DoD policy that defines reporting choices.
- Assistance for military members who need more information about their options can be accessed by the DoD Safe Helpline (877-995-5247), DoD SAPR website (or local military sexual assault hotline. The DoD Safe Helpline provides resources, information, and referral options to those who report sexual assault or harassment without compromising the restricted report option.
- Payment for forensic evidence collection in either official unrestricted or restricted reports should be billed to TRICARE (via TRICARE Policy Manual 6010.54-M, Chap 7, Section 26.1, Oct 28, 2009) or arranged with the military law enforcement agency handling the investigation.
- Mandatory Reporting: Texas law mandates anyone who believes a child, or person 65 years or older or an adult with disabilities is being abused, neglected, or exploited must report it to DFPS. (See Mandatory Reporting section of this protocol.)
- Individuals affiliated with the military may choose not to notify any military agency or make an official report through military channels. For these incidences, the individual has access to the same civilian reporting choices as defined in the following section.
- Follow-up care should be recommended, and the restricted reporting option is honored throughout medical care post–sexual assault.
Military Forms
Follow DoD protocol if patient presents to a DoD facility.
- See Sexual Assault Prevention and Response Office’s SAPR Policy Toolkit
- DoD Sexual Assault Forensic Examination (SAFE) Report (DD Form 2911)
- DoD Sexual Assault Evidence Collection Kit Instructions and DD Form 2911
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