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Latest Policy Updates

“Updates to Department of Defense Policy and Procedures for the Sexual Assault Prevention and Response Program and Adult Sexual Assault Investigations,” effective November 10, 2021

This memorandum was jointly issued by the Deputy Secretary of Defense (DSD) and the DoD IG. It includes the following SAPR and sexual assault investigations policy updates:

  • Expanding eligibility for Restricted Reporting -- resulting from the Congressional Report, “Department of Defense Report on Preservation of Restricted Report Option for Adult Sexual Assault Victims,” (Sec. 540K, NDAA FY 2020)
  • Authorizes use of non-participating victim “Section 540K Declination Letter”; retention of SAFE Kits for 10 years for Restricted Reports and Unrestricted Reports (or until the end of legal proceedings for UR)
  • Augmented eligibility to offer submissions into the Catch a Serial Offender (CATCH) Program
  • Implementing Sec. 536 of NDAA for FY 2020, which authorizes the return of a victim’s personal property collected as part of Restricted Report SAFE Kit (These procedures will authorize a new DD Form 2910-3: “Return of Victim’s Personal Property in Restricted Reporting Sexual Assault Cases Collected During a Sexual Assault Forensic Examination”)
  • Authorizes “SAPR Related Inquiry (SRI) Module” in DSAID

DoD Components must ensure their internal procedures align with these amended issuances. The DSD Memo authorizes automatic updates to:

The DSD Memo incorporates the following three Office of the Under Secretary of Defense for Personnel and Readiness Memorandums:

In addition, DoD Components will align all SAPR-related prevention efforts with the DoD Instruction 6400.09, "DoD Policy on Integrated Primary Prevention of Self-Directed Harm and Prohibited Abuse or Harm", and training efforts with DoD Instruction 6495.02, Volume 2, "Sexual Assault Prevention and Response (SAPR) Program Procedures: Education and Training".

Finally, the DSD Memo authorizes:

  • A *NEW* DD Form 2910-3, “Return of Victim’s Personal Property in Restricted Sexual Assault Cases Collected During a Sexual Assault Forensic Examination (SAFE)” to standardize the request form.
  • An update to DD Form 2910, “Victim Reporting Preference Statement,” IAW sec. 538 of NDAA FY2020, to include the notification: “Are you retiring or separating from the Armed Forces? If so, here is the name of the Department of Veteran’s Affairs Military Sexual Trauma (MST) Coordinator nearest your residence” – name and contact information is provided by the SARC. A link to the Department of Veterans Affairs website that has a list of the MST coordinators by state can be found here.

Deputy Secretary of Defense Memo Topics

Please click on each topic to access the individual “topic summary handout,” which can be used as a reference and for training purposes.

Responsibilities of the Secretaries of the Military Departments to Respond to Sexual Assault and Retaliation
Click here for the “topic summary handout”.
Prevention and Training Requirements
Click here for the “topic summary handout”.
Procedures for 10-year Evidence Retention and Release of Personal Property in Adult Sexual Assault Cases
Procedures for Return of Personal Property in Restricted Sexual Assaults detailed in *new* DD Form 2910-3, “Return of Victim’s Personal Property in Restricted Sexual Assault Cases Collected During a Sexual Assault Forensic Examination (SAFE)”. Click here for the “topic summary handout”.
Updates to Eligibility for the Catch a Serial Offender (CATCH) Program
  • Adult sexual assault victims who file, or have already filed, a Restricted Report with a DD Form 2910.
  • Adult sexual assault victims who file, or have already filed, an Unrestricted Report with a DD Form 2910 and the identity of their suspect was not disclosed by the victim or not uncovered by law enforcement to include MCIOs (e.g., third-party report with no suspect identification).
  • Information received via the CATCH Program will not trigger an investigation unless the victim(s) of the reported sexual assault agree to convert their reporting option from Restricted to Unrestricted, or if originally an Unrestricted Report (see above) if the victim(s) now agree to participate in the investigation.
  • Click here for the “topic summary handout”.
Reporting Forms, Requests for Copies of Forms, and Procedures for the Retention of Forms
  • New and Updated DD Forms:
    • DD Form 2910, “Victim Reporting Preference Statement”: Used to elect a reporting option (Restricted of Unrestricted) by the adult sexual assault victim in the SAPR Program
    • DD Form 2910-1, "Replacement of Lost DD Form 2910, Victim Reporting Preference Statement"
    • DD Form 2910-2, "Retaliation Reporting Statement for Unrestricted Sexual Assault Cases
    • DD Form 2910-3, “Return of Victim’s Personal Property in Restricted Sexual Assault Cases Collected During a Sexual Assault Forensic Examination (SAFE)”
  • Fifty-year Retention of Forms Related to Reports of Sexual Assault
  • Electronic Retention in DSAID File Locker
  • Click here for the “topic summary handout”.
Posting of Reporting Options
  • Sexual Assault
  • Retaliation Stemming from a Report of Sexual Assault
    • Persons Eligible to file a Retaliation Report: (1) Adult Sexual Assault Victim, who has previously made an Unrestricted Report of sexual assault, (2) Adult Sexual Assault Victim’s adult family member (e.g., spouse, son, daughter), (3) Witness, (4) Bystander associated with a sexual report, (5) SARC or SAPR VA on the case, or (6) Responder
  • Click here for the “topic summary handout”.
SAPR Related Inquiry (SRI) for Individuals who Choose Not to File an Official Report
  • Sexual Assault inquiries
  • Retaliation reporter inquiries
  • Persons inquiring as to reporting processes or resources
  • Click here for the “topic summary handout”.
Expanded Eligibility to File Restricted Reports and Process for Victims to Decline to Participate in Investigations
  • Expanded Eligibility to file a Restricted Report: Providing victims did not personally report the sexual assault incident to law enforcement, to include MCIOs, 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 – they can file a Restricted Report even if they disclosed the sexual assault incident to their commander or to personnel in the chain of command.
  • Sexual assault victims are eligible to file Restricted Reports even if:
    1. they disclosed the sexual assault incident to their commander or to personnel in the chain of command, or
    2. 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, or
    3. the MCIO investigation into the sexual assault incident has been closed.
  • Why do victims retain eligibility for a Restricted Report after the investigation has closed? To receive SAPR advocacy services that facilitate access to medical and mental health care, SVC/VLC, and a safety assessment. In addition, after filing the Restricted Report, victims receive a copy of the completed DD Form 2910, which they can use with the Department of Veterans Affairs as documentation of their sexual assault report, such as when seeking healthcare services or filing a disability claim.
  • Non-Participating Victim “Section 540K Declination Letter” for MCIO Investigations
  • Click here for the “topic summary handout”.
  • A sample Section 540K Declination Letter is available here.
Expedited Transfer Policy
  • Updates to Expedited Transfer Policy for Service Members
    • Decision in five calendar days
    • Mandatory intake meeting with gaining SARC
    • Monthly Case Management Group Meeting responsibility in Expedited Transfers: After the mandatory “Intake Meeting” the Gaining SARC will ask the victim whether they want to continue SAPR advocacy services.
      • If the victim says YES to continued advocacy: If the victim says yes, then the monthly CMGs will be held at the new location with relevant members from the old location calling in (e.g., MCIOs investigating the case at the old location would call in to the CMG meeting at the new location – the responsibility cannot be delegated).
      • If the victim says NO to continued advocacy: If the victim says no and there is an ongoing investigation or legal proceeding at the old location, then the SARC will transfer the case in DSAID back to the Loosing SARC and the monthly CMGs will be held at the old location with the victim’s new commander calling in to the CMG meeting at the old location.
  • Authorization for Expedited Transfers for Adult Military Dependent Sexual Assault Victims
  • Click here for the “topic summary handout”.
Case Management Group Meetings for Sexual Assault Reports and Associated Retaliation Reports
  • Updates for Monthly SAPR Case Management Group Meeting
    • Monthly Case Management Group Meeting responsibility in Expedited Transfers: After the mandatory “Intake Meeting” the Gaining SARC will ask the victim whether they want to continue SAPR advocacy services.
      • If the victim says YES to continued advocacy: If the victim says yes, then the monthly CMGs will be held at the new location with relevant members from the old location calling in (e.g., MCIOs investigating the case at the old location would call in to the CMG meeting at the new location – the responsibility cannot be delegated).
      • If the victim says NO to continued advocacy: If the victim says no and there is an ongoing investigation or legal proceeding at the old location, then the SARC will transfer the case in DSAID back to the Loosing SARC and the monthly CMGs will be held at the old location with the victim’s new commander calling in to the CMG meeting at the old location.
    • GO/FO CMG Participation and accommodations for operational requirements and travel commitments of GO/FOs
  • Requirement to Hold Quarterly SAPR Case Management Group Meetings
  • Click here for the “topic summary handout”.