RESTRICTED REPORTING
Restricted Reporting is for adult victims of sexual assault who wish to confidentially report the crime to three identified individuals without triggering the official investigative process or notification of their identity to command. Service members, their adult military dependents, and DoD civilians who desire Restricted Reporting under this policy must report only to:
  • Sexual Assault Response Coordinator (SARC)
  • SAPR Victim Advocate (VA)
  • Military Healthcare Provider or Personnel (These personnel will not personally take the officially report but will immediately call a SARC)

While Special Victims’ Counsels/Victims Legal Counsels and chaplains have confidentiality/privilege and can have private and confidential communications with victims, they cannot assist a victim to file an official Restricted Report, because official reporting can only be done by signing a DD Form 2910 with a SARC or SAPR VA. SVC/VLC/VCs, chaplains, and healthcare providers will refer patients to SARCs and SAPR VAs to report their sexual assault.
 
WHO MAY MAKE
A RESTRICTED
REPORT?
Who is eligible to make a Restricted Report?
  • Service members and their adult military dependents.
  • Service members who were victims of sexual assault prior to enlistment or commissioning.
  • Reservists and Members of the National Guard.
  • DoD civilian employees who are in a DoD Component that has a SAPR Program.

DoD contractors and dependents of DoD Civilian employees are not currently eligible for Restricted Reporting. The Sexual Assault Prevention and Response (SAPR) program does not handle intimate partner violence cases or cases involving children. Those cases are handled by the Family Advocacy Program.

 		  
 
     
UNDERSTANDING DOD’S RESTRICTED (CONFIDENTIAL) REPORTING POLICY
DoD’s Restricted Reporting Policy permits adult victims of sexual assault to officially report the crime through DD Form 2910 to specified individuals who can then ensure the victim receives health care (medical and mental health), advocacy services, and legal advice from an SVC/VLC/VC, without notifying command or law enforcement officials.

For purposes of public safety and command responsibility, the SARC will notify the installation commander that a sexual assault has occurred and provide limited details that do not include the identity of the victim. This policy provides victims personal space and time, and increased control over the release and management of their personal information.

You will be offered a sexual assault forensic examination (SAFE). If you want a SAFE, the SARC will facilitate contact with a Forensic Healthcare Examiner. You can also go directly to an MTF to request a SAFE and healthcare (medical and/or mental health). Healthcare personnel will immediately contact a SARC. You can choose whether to officially report the sexual assault, but for a SAFE to be conducted, you must elect either Unrestricted or Restricted Reporting. Even if you decide not to file a report, medical and mental health care is always available.

A SAFE kit is the medical and forensic examination of a sexual assault victim under circumstances and controlled procedures to ensure the physical examination process and the collection, handling, analysis, testing, and safekeeping of any bodily specimens and evidence meet the requirements necessary for use as evidence in criminal proceedings. Details regarding the incident will be limited to only those personnel who have a legitimate need to know and will be treated as confidential communication. The SAFE kit is offered so that evidence may be preserved in the even that you wish to convert to Unrestricted in the future and participate in an investigation.
 
VICTIMS ARE ELIGIBLE TO FILE A RESTRICTED REPORT, PROVIDED:
  
  • They 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 or DD Form 2910-8 with a SARC or SAPR VA on the SAME sexual assault incident.
     
VICTIMS ARE ELIGIBLE TO FILE A RESTRICTED REPORT, EVEN IF:
  
  • They disclosed the sexual assault incident to their commander or to personnel in the chain of command, or
  • 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
  • The MCIO investigation into the sexual assault incident has been closed.
 

 		  
 



WHEN THERE IS AN INDEPENDENT INVESTIGATION OR AN INVESTIGATION TRIGGERED BY A THIRD-PARTY REPORT A VICTIM IS STILL ELIGIBLE TO FILE A RESTRICTED REPORT

  • An ongoing independent sexual assault investigation by an MCIO will not preclude the victim from being eligible to file a Restricted Report.
  • Even though the Restricted Report does not directly impact the status of the ongoing investigation, the Restricted Report does provide the victim a level of privacy. As a result of the filing of the Restricted Report, the victim’s commander will not ask the SARC/SAPR VA any details about the Restricted Report, nor will the commander seek to speak to the victim about the reported sexual assault incident.
  • Victims remain eligible to file a Restricted Report after the investigation has closed to receive SAPR advocacy services and access healthcare (medical and mental health) and an SVC/VLC/VC.
  • 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 when seeking healthcare services or filing a disability claim.

In addition to the reporting options, the SARC will also let a Service member know that the Catch a Serial Offender (CATCH) Program is an available option. The CATCH Program gives adult victims of sexual assault the opportunity to anonymously disclose suspect information to help the DoD identify serial offenders. If a match is identified, the victim will be contacted by the SARC and asked if they would like to convert to an Unrestricted Report and participate in the investigation.
 
RESTRICTED REPORTING EXAMPLE
  • Service member Smith arrives at the base medical emergency room and reports she has been sexually assaulted. Healthcare personnel immediately notify the SARC and begin any appropriate emergency medical treatment. Military law enforcement and her commander are not contacted.
  • The SARC assigns a SAPR VA to assist Service member Smith. The SAPR VA meets Service member Smith at the hospital and explains the Unrestricted and Restricted Reporting options and the processes associated with each. Service member Smith elects the Restricted Reporting option by filling out and signing the DD Form 2910.
  • Service member Smith is asked if she would like a forensic examination, and she agrees.
  • The SAPR VA advises the healthcare personnel that Service member Smith has elected the Restricted Reporting option and would like a Sexual Assault Forensic Examination (SAFE).
  • Forensic evidence of the assault is collected by the Forensic Healthcare Examiner in the SAFE Kit, and a computer-generated number is placed on the outside of the SAFE Kit box and accompanying bags instead of the victim’s name. The designated law enforcement personnel collect the SAFE Kit to ensure chain of custody, in the event the victim converts to an Unrestricted Report in the future.
  • The healthcare personnel determines and schedules follow-up healthcare (medical and mental health) as appropriate, or as requested by the victim.
  • If eligible, the SARC or SAPR VA asks the victim if they would like a referral to an SVC/VLC/VC), who is their own attorney.
  • The SAPR VA advises the SARC that Service member Smith has elected the Restricted Reporting option.
  • Within 24 hours of Service member Smith’s Restricted Report, the SARC will inform the senior commander that “an assault” has occurred and provide the commander with general details related to the sexual assault allegation but will not include the victim’s name or information that could allow the commander to deduce their identity.
  • The SAPR VA maintains communication and contact with the victim as needed for continued victim support


CONSIDERATIONS WHEN ELECTING A RESTRICTED REPORTING DECISION
 
BENEFITS
 
  • Enables healthcare (medical and mental health) and victim advocacy as soon as possible after you are assaulted.
  • Provides personal space and time to consider your options and to begin the healing process.
  • Empowers you to seek relevant information and support to make more informed decisions about potentially participating in the criminal investigation.
  • Allows you time to get legal advice from an SVC/VLC/VC, should you want to.
  • Enables you to control the release and management of your personal information.
  • Allows you to decide whether and when to move forward with initiating an investigation.
  • Maintains eligibility to participate in the CATCH Program by allowing you to be contacted privately if there is evidence of a repeat offender to decide whether to convert your Restricted Report to an Unrestricted Report.
 
LIMITATIONS
 
  • No ability for Military to hold the offender appropriately accountable (as applicable).
  • You cannot receive a military protective order or a civilian protective order.
  • You cannot request an Expedited Transfer to allow you to move to a different unit or base.
  • You will continue to have contact with your assailant if he or she is in your organization or billeted with you.
  • Evidence from the crime scene where the assault occurred will be lost, and the official investigation, should you later switch to an Unrestricted Report, will likely encounter obstacles.