OIC - SAPR & Workplace Violence

Question 1

What is sexual assault?

Answer 1

“Sexual assault” is defined as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent.

Question 2

What is “consent” in relation to SAPR?

Answer 2

“Consent” means words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person.

Question 3

Where can you find specific definitions of the elements of the sexual assault, sexual contact, and forcible sodomy offenses?

Answer 3

Articles 120 and 125 of the UCMJ.

Question 4

What is RAINN?

Answer 4

The Rape, Abuse, and Incest National Network.

Question 5

What is the purpose of unrestricted reporting in relation to SAPR?

Answer 5

The Unrestricted Reporting option may be used by the service member to disclose to his or her chain of command that he or she is the victim of a sexual assault.

Question 6

What is the purpose of restricted reporting in relation to SAPR?

Answer 6

The Restricted Reporting option may be used by a service member or civilian spouse sexually assaulted by their active duty service member spouse to disclose to specific individuals on a confidential basis that he or she is the victim of a sexual assault.

Question 7

Who can take a restricted report in relation to SAPR?

Answer 7

EAPC, SARC, FAS, VA, or HCP.

Question 8

How many VA’s is a unit recommended to have?

Answer 8

It is strongly recommended that all units have at least one trained VA.

Question 9

Can you investigate a report of a sexual assault?

Answer 9

CGIS has sole responsibility for conducting the criminal investigation of a sexual assault allegation. Commands are prohibited from taking any formal or informal investigative action, to include preliminary inquiry or interview of alleged victims, suspects or witnesses regarding the assault.

Question 10

If a member makes an unrestricted sexual assault report, are they required to be interviewed by law enforcement?

Answer 10

A victim does not have to participate in a law enforcement investigation, but may be asked to sign a statement declining law enforcement assistance or any further prosecutorial actions (Waiver of Prosecution Letter).

Question 11

Should you suspend a victims security clearance or ability to carry a firearm if the make an unrestricted sexual assault report?

Answer 11

Victims of sexual assault should not have their security clearance or ability to carry a Coast Guard-issued firearm suspended solely because they made an Unrestricted Report of sexual assault.

Question 12

What can take a restricted report in relation to SAPR?

Answer 12

EAPC/SARC, an FAS, a VA, or a Coast Guard/ DoD HCP.

Question 13

If a member makes a restricted sexual assault report and accidentally tells someone that is not authorized to take a restricted report, what happens?

Answer 13

When a victim elects Restricted Reporting, the victim’s disclosure of the assault to unauthorized individuals at anytime thereafter changes the report to Unrestricted.

Question 14

How long does CGIS retain forensic evidence for restricted sexual assault cases?

Answer 14

Forensic evidence collected under a Restricted Report will be stored (unprocessed) by CGIS Headquarters for at least 12 months from the report date if the report has not changed to Unrestricted during that time frame.

Question 15

Can an independent duty HS that is not a victim advocate take a restricted sexual assault report?

Answer 15

Medical Officer (MOs) and Independent Duty Health Services Technicians (IDHS) are HCPs. MOs, IDHSs and VAs afloat are able to accept Restricted Reports, but only MOs can collect forensic evidence.

Question 16

If an underage member was drinking and made a restricted sexual assault report, will the underage drinking remain confidential?

Answer 16

If a victim reveals minor offenses in addition to the alleged sexual assault, that information will be subject to the same rules governing disclosure as the reported sexual assault.

Question 17

Are victims of sexual assault required to have a medical examination/forensic evidence collection?

Answer 17

At the victim’s discretion or request, the HCP, VA, EAPC/SARC, or FAS shall arrange for the victim to have either a medical examination to ensure overall health and/or to have forensic evidence collected.

Question 18

What are some things a victim of sexual assault avoid doing to preserve evidence?

Answer 18

The victim should avoid bathing, brushing his or her teeth, changing clothes, eating, drinking (even water), or cleaning in any way prior to the packaging/collection of those items that may contain forensic evidence.

Question 19

How often is SAPR training required?

Answer 19

Annually

Question 20

How many VA’s are each unit required to have?

Answer 20

Commands are strongly encouraged to have at least one VA, especially on afloat units where access to an EAPC/SARC or other trained resource is limited.

Question 21

If an underage member makes an unrestricted sexual assault report, but says they were drinking, will they be punished for the drinking?

Answer 21

CO’s shall consider not taking action on a victim’s collateral misconduct (e.g., minor offenses such as underage drinking) until the final disposition of the sexual assault case to ensure priority is placed on the sexual assault and not the collateral misconduct.

Question 22

Can you interview an alleged offender of sexual assault?

Answer 22

Command representatives shall not interview the alleged offender about the incident, other than a limited inquiry to ascertain safety issues.

Question 23

What is SAFE in regard to SAPR?

Answer 23

Sexual Assault Forensic Examination

Question 24

What is the definition of Workplace Violence?

Answer 24

Workplace violence is any act or attempted act of physical aggression or harm by an individual that occurs at the workplace.

Question 25

What is the definition of Threatening Behavior?

Answer 25

Threatening behavior is an individual’s threat, either overt or implied, to commit an act of physical aggression or harm at the workplace.