Leaders Guide - Sexual Assault - General Information

Sexual assault is a criminal act. It is incompatible with the core values of honor, courage, and commitment adhered to by the Marine Corps. Sexual assault impedes unit or members' morale, effectiveness, efficiency, and negatively impairs the ability of the Marine Corps to function smoothly. Victims can be male or female. Perpetrators can also be male or female. In recognition of the seriousness of sexual assault, the Marine Corps has initiated MCO 1752.5 establishing the Sexual Assault Prevention and Response Office (SAPRO), which provides policy and guidance for commanders in handling these cases.
See: http://www.usmc-mccs.org/sapro/index.cfm

Sexual Assault:: The intentional sexual contact characterized by the use of force, physical threat, abuse of authority, or when the victim does not or cannot consent. “Consent” shall not be deemed or construed to mean the failure by the victim to offer physical resistance. This can occur without regard to gender or spousal relationship and includes, but is not limited to, rape, nonconsensual sodomy, and indecent assaults or attempts to commit these acts.

Notwithstanding any conduct of the victim and perpetrator, the command plays a vital role in preventing sexual assaults. A command environment that does not tolerate any form of sexual misconduct sends a clear message to its Marines. Commanders set their command environment through leading by example and ensuring compliance by subordinates.

Chaplain:

Provides spiritual guidance, personal counseling, and life issues counseling in a confidential setting. Chaplains are protected by the Uniform Code of Military Justice, which ensures confidentiality. Under military law, chaplains must keep conversations confidential when service members seek their spiritual guidance, either as a formal act of religion or a matter of conscience. Chaplains do not have to keep conversations confidential when a service member speaks with them for reasons other than spiritual guidance. When it is in the best interest of the person involved, the chaplain is expected to assist the individual in identifying the appropriate means of self-disclosure without violating the individuals trust. For additional information of the Chaplains confidentiality guidelines, contact the base legal office or the installation chaplain's office.

Mentor in Violence Protection Program (MVP):

The MVP Program is a centrally administered program and an educational tool to prevent domestic violence, sexual assault, and harassment. The Train-the Trainer Program is held for senior Marines. The training is conducted on each installation, in groups of 30 Marines, lasting 2 days. The trained Marines then train their peers or subordinates. Real life scenarios are used to teach Marine to take responsibility in preventing the use of physical, sexual or emotional violence, or harassment against women. MCCSs Personal Services staff will be trained in MVP and act as violence, sexual assault education and prevention.

Military Protective Order (MPO):

A non-punitive order imposing conditions upon a service member to maintain the safety and protection of another person. An MPO does not preclude disciplinary action under the Uniform Code of Military Justice nor does it preclude the issuance of a civilian protection order. http://www.usmc-mccs.org/victimadv/domestic/MPO%20signed.pdf

Naval Criminal Investigative Service (NCIS):

In a dangerous and complex world, threats against America and its military forces continue to proliferate and evolve. Standing between these threats and the people, families, and assets of the Navy and Marine Corps is a unique, highly-trained, and effective team of special agents, investigators, forensic experts, security specialists, analysts, and support personnel: NCIS, the Naval Criminal Investigative Service. NCIS is the primary law enforcement and counterintelligence arm of the United States Department of the Navy. It works closely with other local, state, federal, and foreign agencies to counter and investigate the most serious crimes: terrorism, espionage, computer intrusion, homicide, rape, child abuse, arson, procurement fraud, and more. NCIS is the Navy's primary source of security for the men, women, ships, planes, and resources of America's seagoing expeditionary forces worldwide

No Contact Order:

It is Department of Defense Policy that every appropriate effort be made to protect victims of abuse from further harm. Commanders have the authority to make military protective orders to safeguard victims, quell disturbances and maintain good order and discipline while victims are pursuing protection order from civilian courts or to support existing civilian protective orders.

Military protective orders (MPO), often referred to as a "no contact" order bars active duty military members from having contact with specified persons against whom they are alleged or confirmed to have committed an act of domestic violence or child abuse. For example, a commander may order a military member to:

Avoid contact and communication to the protected person directly, indirectly, or through a third person. This includes face to face, telephone, e-mail, letter, or fax contact.
Stay away (specified distance) from the protected person's family, home, workplace or other locations.
Vacate military housing and/or be provided temporary military quarters.
Attend counseling.
Surrender government weapons custody card.
Removal of on-base stored personal weapons.
Other orders as necessary based on specific circumstances.

Sexual Assault:

The intentional sexual contact characterized by the use of force, physical threat, abuse of authority, or when the victim does not or cannot consent. Consent shall not be deemed or construed to mean the failure by the victim to offer physical resistance. This can occur without regard to gender or spousal relationship and includes, but is not limited to, rape, nonconsensual sodomy, and indecent assaults or attempts to commit these acts.

Sexual Assault Response Coordinator (SARC):

Sexual Assault Response Coordinators (SARCs) serve as the single point of contact for an integrated and transparent response capability and system accountability for sexual assault care. The SARC is considered the center of gravity when it comes to ensuring victims receive appropriate and responsive care with timely access to appropriate services. The SARC coordinates the response to the sexual assault and places particular emphasis on victim support and safety. The SARC oversees routine management and follow up of cases through an established monthly meeting process. The SARC oversees the development and execution of training related to sexual assault. The SARC has oversight responsibility for victim Advocates. Please visit the SAPR web page for a point of contact at your installation.

Verbal :

A military protective order (MPO) is issued by the command of a suspected abuser. A MPO may be verbal or written. A MPO may direct service members to stay away from victims or designated places; refrain from doing certain things; require the service member to move into government quarters; and provide support for family members.

Victim Advocate:

The victim advocates in the Marine Corps Family Services, Family Advocacy Program, provide information, guidance and support to victims of domestic violence and sexual assault. Advocates are available 24 hours a day, 365 days a year to provide crisis intervention, safety planning, referrals to, and liaison with civilian resources, and support during medical exams and court proceedings. Victims are not required to use military victim advocates and may use victim advocates from civilian resources.

Victim Support Rights:

As a Federal crime victim, you have the following rights:

The right to be treated with fairness and with respect for their dignity and privacy;
The right to be reasonably protected from the accused offender;
The right to be notified of court proceedings;
The right to be present at all public court proceedings related to the offense, unless the court determines that your testimony would be materially affected if you heard other testimony at trial;
The right to confer with the attorney for the government in the case;
The right to available restitution;
The right to information about the conviction, sentencing, imprisonment, and release of the offender.
DD Form 2701