| Sexual Assault Prevention and Response Program |
S
exual Assault Prevention and Response Program (SAPR)
The SAPR program provides training and education to service members, adult dependents, and eligible civilians in an effort to foster an environment where sexual assault is not tolerated, provides guidance on how to respond and report, and works with key stakeholders to hold offenders accountable. Service members are empowered to eradicate sexual assault by providing practical tools to intervene before sexual assaults occur. Preventing sexual assault is everyone's responsibility!
For assistance, contact the MCAS Yuma 24/7 Sexual Assault Support Line at (928) 941-3601.
For additional assistance, contact the DoD Safe Helpline phone number at (877) 995-5247.
What is sexual assault?
MCO 1752.5C defines sexual assault as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. As used in this Order, the term includes a broad category of sexual offenses consisting of the following specific UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal sex), or attempts to commit these offenses.
What is consent?
A freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent.
Below are some examples of what does not constitute consent:
a. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious.
b. A person cannot consent while under threat or in fear.
c. A person cannot consent if the subject makes a fraudulent representation that the sexual act serves a professional purpose or induces a belief that the subject is another person.
d. A person's previous sexual acts, experiences, and /or history does not constitute consent.
Who does the SAPR program cover?
The SAPR program will continue to provide services to all adult sexual assault victims who are non-intimate partners and to adults of sexual assault who are unmarried intimate partners when they are not: a current or former spouse, share a child in common or a currently or previously shared a common domicile and domestic abuse is present. If the victim falls under one of the three categories (spouse/child/share domicile) or if there is domestic abuse present within the dating relationship then the victim will be referred to Family Advocacy Program (FAP).
If you've been sexually assaulted and have questions about whether or not you can receive services, call the Sexual Assault Support Line at (928) 941-3601.
Who is considered an intimate partner?
Within the context of eligibility for FAP services, a person who is or has been in a social relationship of a romantic or intimate nature with the alleged abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the person and the alleged abuser. An intimate partner is informed by, but not limited to, the totality of factors such as:
a. Previous or ongoing consensual intimate or sexual behaviors.
b. History of ongoing dating or expressed interest in continued dating or the potential for an ongoing relationship (e.g. history of repeated break-ups and reconciliations).
c. Self-identification by the victim or alleged abuser as intimate partners or identification by others as a couple.
d. Emotional connectedness (e.g., relationship is a priority, partners may have discussed a future together).
e. Familiarity and knowledge of each other’s lives.
Reporting Options:
•Restricted Reporting
Reporting option that allows sexual assault victims to confidentially disclose the assault to specified individuals (i.e., SARC, SAPR VA, or healthcare personnel), receive medical treatment, including emergency care, counseling, and assignment of a SARC and SAPR VA, without triggering an official investigation. The Restricted Reporting option applies to Service members and their military dependents 18 years of age and older.
Expanded Eligibility to File Restricted Reports:
As of 10 November 2021, victims are eligible to file a Restricted Report, providing they did not personally report the sexual assault incident to law enforcement, to include Military Criminal Investigative Organization (MCIO), and they did not previously elect to make an Unrestricted Report by signing a DD Form 2910, with a SARC or SAPR VA on the same sexual assault incident. Victims are eligible to file Restricted Reports even if:
a. They disclosed the sexual assault incident to their commander or to personnel in the chain of command.
b. There is an ongoing MCIO investigation into the sexual assault incident initiated by a third party and not due to the victim’s disclosure to law enforcement.
c. The MCIO investigation into the sexual assault incident has been closed.
A commander who receives a report of a sex-related offense involving a member of the armed forces within his or her chain of command shall immediately refer the report to the MCIO of the military department concerned with responsibility for investigating that offense. After receiving notification from a commander, an independent investigation will be initiated by the MCIO. Military law enforcement and MCIOs retain their duty to initiate a criminal investigation in response to allegations of adult sexual assault.
Victims of sexual assault whose commander is aware of the sexual assault will maintain eligibility of a Restricted Report without the requirement to disclose any information to the commander or MCIO. Service members or their adult dependents who desire Restricted Reporting under this policy must use one of the following reporting avenues:
While VLC, healthcare provider/medical personnel, and chaplains have confidentiality/privilege, they CANNOT complete a Restricted Report.
Benefits
- Provides personal space and time to consider your options and to begin the healing process.
- A Sexual Assault Forensic Examination (SAFE) kit may be performed to preserve the evidence for 10 years.
- Empowers to seek relevant information and support to make more informed decisions about participating in the criminal investigation. Allows time to get legal advice from a Victims' Legal Counsel.
- Survivors control the release and management of personal information.
- Survivors decide whether and when to move forward with initiating an investigation.
- Participating in the CATCH Program. Refer to the CATCH Program section and info link below.
Limitations
- The assailant cannot be held accountable and may continue carrying out inappropriate behavior.
- A Military Protective Order (MPO) will not be an option.
- An Expedited Transfer to move to a different unit or base is not allowed under this option.
- Contact with the assailant is likely if he or she is in the same organization or billeted in close proximity.
- Evidence from the crime scene where the assault occurred may be lost, and the official investigation, should you switch to an Unrestricted Report, will likely encounter significant obstacles.
- Communication with another person outside the confidentiality scope (SARC, SAPR VA, chaplain, healthcare personnel, and the VLC), may potentially eliminate the Restricted Reporting option.
CATCH a Serial Offender (CATCH) program
The CATCH Program allows people making a sexual assault report, where the name of the suspect is not provided to or known by law enforcement, an opportunity to anonymously submit suspect information to help the Department of Defense identify serial offenders. For more information, contact your local SARC or SAPR VA.
CATCH Info Sheet (Link)
•Unrestricted Reporting
This option is recommended for survivors of sexual assault who desire an official investigation and command notification in addition to healthcare, victim advocacy and legal services. When selecting an Unrestricted Reporting option, you may use the following reporting channels:
- SARC or SAPR VA
- Naval Criminal Investigation Services (NCIS) or Law Enforcement
- Chain of Command or Commander
- Health care personnel
Upon notification of a reported Unrestricted sexual assault, the SARC will immediately assign a SAPR VA and inform the victim of their right to speak to the VLC. At the survivor’s discretion or request, the healthcare personnel shall conduct a SAFE kit. Details regarding the incident will be limited to only those personnel who have a legitimate need to know.
Benefits
- Command support to ensure well-being by monitoring and/or by separating the subject from working or living in the same area.
- Survivors feel a sense of closure or healing which can aid recovery.
- Ability for military to hold the offender appropriately accountable.
- Ensure the safety of others who may be harassed by the same suspect.
- Ability to request an MPO.
- Ability to request an Expedited Transfer to move to a different unit or base.
Independent Investigations:
- Independent investigations are initiated by third party reporting of a sexual assault from a source other than the victim. NCIS will commence an official investigation based on the independently acquired information. However, survivors control the amount of information that is provided or can elect not to participate in the investigation at all. The investigation or military justice process may proceed and continue without the participation of the victim, however, in certain situations, the victim’s declination to participate may result in the investigation being terminated.