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SAPR & THE UNIFORMED CODE OF MILITARY JUSTICE (UCMJ)
The SAPR program addresses the criminal offenses of rape, sexual assault, aggravated sexual contact, abusive sexual contact, and non-consensual sodomy as defined in UCMJ Article 120. It also addresses attempts as defined in UCMJ Article 80. There is a standalone punitive article for retaliation defined in UCMJ Article 132. To view the articles, go to Part IV Punitive Articles in the Manual for Courts-Martial.
Exclusions to SAPR areas of responsibility include:
- Intimate partner sexual assaults and child sexual assaults, which are handled by the DoD Family Advocacy Program (FAP)
- Sexual harassment, which is handled by the DoD Office of Civil Rights and Equal Opportunity Policy
- Military Sexual Trauma (MST), a term that encompasses trauma from both sexual assault and sexual harassment, is used by the Department of Veterans Affairs (VA) to assess healthcare needs and disability claims. Information about VA services related to MST is available at: Department of Veteran Affairs MST Overview.
Conversations with SARCs, SAPR VAs, and mental health professionals are privileged communications. Military Rule of Evidence (MRE) 513 (Psychotherapist-Patient Privilege) and MRE 514 (Victim Advocate-Victim Privilege) impact privileged communication. To view the MREs, go to Part III, Military Rules of Evidence in the Manual for Courts-Martial.
SAFE-TO-REPORT
The Safe-to-Report Policy establishes protections and mandatory procedures to address alleged collateral misconduct by Service member victims of sexual assault. Collateral misconduct will often be discovered as a direct result of the sexual assault report, an investigation, or prosecution. The following are example of collateral misconduct that generally should be treated as minor for purposes of the Safe-to-Report policy:
- The victim was drinking underage at the time of the alleged sexual assault
- The victim was engaged in an unprofessional relationship with the suspect that, at the time of the sexual assault, violated law, regulation, or policy
- The victim was in violation of lawful orders establishing curfews, off-limit locations, school standards, barracks/dormitory/berthing policies, or similar matters at the time of the alleged sexual assault
OFFICES OF SPECIAL TRIAL COUNSEL
As of December 2023, each of the Military Departments operationalized an Office of Special Trial Counsel (OSTC) to independently evaluate covered criminal offenses, including sexual assault, and effectively prosecute cases. The mission of the OSTCs is to provide expert, specialized, independent, and ethical representation in the investigation and trial-level litigation of covered offenses. More information is available in the Policies Governing OSTCs.
Each Service has its own OSTC which operates outside the chain of command. For more information on the Services' OSTCs, please visit:
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