Leaders Guide - Sexual Assault - Victim of Sexual Assault

Sexual assault is a criminal act. It is incompatible with the Corps core values of honor, courage, and commitment. Sexual assault impedes unit or members' morale, effectiveness, efficiency, and negatively impairs the ability of the Marine Corps to function smoothly.

What to Look For

Fear and terror.
Anger, fury, and outrage.
Withdrawal.
Confusion and frustration.
Guilt or self-blame.
Shame or humiliation.
Grief or sorrow.
After the physical danger has ebbed, the victim of sexual assault may feel overwhelmed with a myriad of disorganized emotions. Fear seems to be a primal reaction brought on by a sense of violation. A victim's anger is directed at an offender or a person held responsible, although it may be displaced onto the institution or inward towards oneself. Confusion stems from the victims' initially narrow perspective on what happened coupled with scattered impressions of the traumatic event.

What to Do

Leaders need to focus on the victim. A victim will require medical attention and may also request mental health services. A commander must contact investigative authorities to insure the crime scene is preserved, and an investigation is initiated. When a commander takes prompt action upon discovering the possible occurrence of a sexual assault, that commander sends a clear message of support to the victim. The perpetrator should always be separated from the victim. Following is a suggested checklist for response.

Ensure the physical safety and emotional security of the victim by determining if the alleged assailant is nearby and if the victim desires or needs protection.
Determine if the victim desires or needs any emergency medical care.
Notify the military criminal investigative organization, as soon as the victim's immediate safety is assured and the victim's medical treatment procedures are in motion [See Under Secretary of Defense (Personnel and Readiness) Memorandum “Increased Victim Support and a Better Accounting of Sexual Assault Cases”, November 22, 2004].
Strictly limit disclosure of the facts or details regarding the incident to only those personnel who have a legitimate need to know.
Take action to safeguard the victim from any formal or informal investigative interviews or inquiries, except those conducted by the military criminal investigative organization and the Victim Advocate.
Collect only the necessary information (e.g. victim's identity, location and time of the incident, name and/or description of offender(s). DO NOT ASK DETAILED QUESTIONS AND/OR PRESSURE THE VICTIM FOR RESPONSES OR INFORMATION ABOUT THE INCIDENT.
Advise the victim of the need to preserve evidence (by not bathing, showering, washing garments, etc.) while waiting for the arrival of representatives of the military criminal investigative organization.
Assist with or provide immediate transportation for the victim to the hospital or other appropriate medical facility.
Ensure the victim understands the medical, investigative, and legal process and is advised of victim support rights.
Ask if the victim needs a support person (can be a personal friend), advocate, or professional to immediately join the victim.
Ensure the victim understands the role and availability of a Victim Advocate.
Ask if the victim would like a Victim Advocate to be assigned; if so, contact the Sexual Assault Response Coordinator (SARC).
The Sexual Assault Response Coordinator will assign a Victim Advocate to meet with and provide support to the victim.
Ask if the victim would like a Chaplain to be notified and notify accordingly.
Determine if the victim desires or needs a “no contact” order or aMilitary Protection Order (DD Form 2873) to be issued, particularly if the victim and the accused are assigned to the same command, unit, duty location, or living quarters.
Determine the need for temporary reassignment to another unit, duty location, or living quarters for either the victim or the accused, working with the commander of the accused if different than the victim's commander, until there is a final legal disposition of the sexual assault allegation, and the victim is no longer in danger.
To the extent practicable, consider the desires of the victim when making any reassignment determinations.
Determine how to best dispose of the victim's collateral misconduct. Absent overriding considerations, commanders should exercise their authority in appropriate cases, and defer disciplinary actions for the victim's minor misconduct until after the final disposition of the sexual assault case. [See Under Secretary of Defense (personnel and Readiness) Memorandum “Collateral Misconduct in Sexual Assault Cases ”, November 12, 2004.] Consult with the servicing legal office, criminal investigative organization, and notify the assigned Victim Advocate prior to taking any administrative or disciplinary action affecting the victim.
void automatic suspension or revocation of a security or personnel reliability program (PRP) clearance, when possible, understanding that the victim may be satisfactorily treated for their related trauma without compromising PRP status. Consider the negative impact that suspension of a victim's security clearance may have on building a climate of trust and confidence in the service reporting system.
Throughout the investigation, consult with the victim and, to the extent practicable, accommodate the victim's desires regarding safety, health, and security, as long as neither a critical mission nor a full and complete investigation are compromised.
Listen and engage in quiet support of the victim, as needed. Be available in the weeks and months following the sexual assault, and assure the victim that they can rely on the commander's support.
Emphasize to the victim the availability of additional avenues of support; such as counseling groups and other victim services. Please see http://www.usmc-mccs.org/sapro for resources and guidance.
Ensure the victim receives monthly reports regarding the status of the sexual assault investigation until its final disposition. [See Under Secretary of Defense (Personnel and Readiness Memorandum “Increased Victim Support and a Better Accounting of Sexual Assault Cases”, November 22, 2004.]

What to Avoid

Victim blaming
Re-victimization by initially focusing on victim's possible misconduct and poor judgment
Appearance of command insensitivity
Appearance of command inaction
Command or work environment that is hostile to the victim
Overall, the primary feeling victims of sexual assault experience after an attack is that of “re-victimization”. As a commander, effort should be taken to address the needs of the victim. A commander should insure the victim receives medical attention as well as mental health counseling if requested. By doing the above a commander will appear to be sensitive to the victim's needs as well as demonstrate his or her taking action in addressing the sexual assault. The re-victimization comes from the command that focuses blame on the victim for misconduct and lack of good judgment.

What to Expect after Taking Action

Per MCO 1752.5 the victim can expect action to be taken as it concerns the alleged perpetrator (e.g. reassignment) or in some instances reassignment of the victim. The victim Advocate (or Uniformed Victim Advocate) will become involved and expect interaction with the command. It is important for the commander to realize that the Victim Advocate is representing the victim's needs and concerns.

Victim Advocate contact with command.
Investigative authorities contact with command.
Legal authorities contact with command.
A victim needing access to a variety of resources such as SAPRO, 703 432-9071 or Military One Source. www.militaryonesource.com , 1-800-342-9647
A victim wanting to be kept informed.
A victim wanting to see command action towards the alleged perpetrator.
A victim requesting a Military Protection Order due to perpetrator intimidation.

Troubleshooting

Lack of victim participation.
Delayed victim participation.
Loss of forensic evidence due to lack of or delayed victim participation.
Reduced chance of successful prosecution.
Command resistance to investigation.
Victim recantation is not an indicator that a rape did not occur. Note that by OSD memorandum all incidents will be reported to law enforcement for investigation. It is no longer an option for the command.

Prompt sexual assault victim cooperation is paramount in successfully prosecuting an alleged perpetrator. Anytime a victim refuses to or delays in reporting an incident of sexual assault precious evidence is lost. An investigation can be hampered by the unit's lack of cooperation in making witnesses available. Delayed reporting should not preclude the involvement of Naval Criminal Investigative Services (NCIS), safety concerns, and resource needs of the victim. When victims recant, it is usually due to pressure and loss of privacy, not because a sexual assault did not occur. Law enforcement will investigate and determine why the recantation occurred.

The best strategy for dealing with these issues goes back to command climate. It is recommended that commanders take an aggressive training approach to ensure all Marines understand the Marine Corps policy on sexual assault. They must ensure establishment of an organizational climate that encourages victims to seek treatment and to report assaults. Commanders are also encouraged to meet with Victim Advocates to establish a relationship to better support victims