Command Response to Sexual Assault

Sexual assault is intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. It includes rape; oral or anal sex); unwanted, inappropriate sexual contact or fondling; or attempts to commit these acts.

Sexual assault can occur without regard to gender, spousal relationship or age of the victim.

Commanders must establish clear standards for personal behavior and hold offenders accountable. Further, they must continuously educate their personnel on how to prevent incidents of sexual assault, while also encouraging victims and witnesses to report these incidents when they occur.

REPORTING REQUIREMENTS

Commanders should immediately report all suspected or alleged sexual assaults to law enforcement. Commanders must not conduct independent command investigations into allegations of sexual assault to avoid compromising the investigation.

INITIAL DISPOSITION AUTHORITY

Per Secretary of Defense policy, any reported offenses under Article 120 (rape, sexual assault of an adult), Article 125 (forcible sodomy), or Article 80 (attempts of rape, sexual assaults, or sodomy) of the Uniform Code of Military Justice shall be referred to the O-6 Special Court-Martial Convening Authority or higher court-martial convening authority in the chain of command for initial disposition of the allegation(s).

RETALIATION

Commanders must guard against personal and professional retaliation against victims and those who report crimes. Such persons should be treated with dignity and respect at all times.