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Unrestricted Reporting is recommended for victims of sexual assault who desire an official investigation and command notification in addition to healthcare, victim advocacy and legal services. If you wish to file an Unrestricted Report, visit a Sexual Assault Response Coordinator (SARC) or a SAPR Victim Advocate (SAPR VA), who will explain the reporting options in detail, notify you of rights and services, and assist you to fill out the DD Form 2910, where you elect your reporting option. A DD Form 2910-8 is used for DoD civilian employees who report in a DoD Component that has a SAPR Program.
You can also file a report directly to Law Enforcement/MCIO by giving them a victim statement. The MCIO will initiate an investigation and start a “report of investigation”.
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. |
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INVESTIGATION PROCESS
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The nature of the investigative process can be stressful for victims of sexual assault despite the sincere efforts of law enforcement, staff judge advocates, and other personnel entrusted with holding offenders appropriately accountable. All Service members who are victims of sexual assault are eligible to have a Special Victims’ Counsel/ Victims’ Legal Counsel/ Victims’ Counsel (SVC/VLC/VC), who is their own attorney and can help them understand the military justice process and safeguard their victims’ rights and privacy.
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Investigators must carefully collect evidence, and the process from investigation to courts martial or some other form of punishment may take many months. Investigators must often ask you precise and probing questions because there usually are no eyewitnesses to provide details. You may not feel you are ready to answer questions so soon after an assault, but the investigators need to conduct interviews while your memory is fresh. You have the right to have the SVC/VLC/VC and/or SARC/SAPR VA accompany you to those interviews and to any interviews with the suspect’s defense attorney.
In addition, your commander will keep you informed of any investigative actions taken in response to your reported sexual assault. Your commander will ensure, at a minimum, you receive a monthly update regarding the status of any ongoing investigative, prosecution, or command proceedings regarding the sexual assault. Monthly updates are required until the final disposition of the reported assault. |
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UNRESTRICTED REPORTING EXAMPLE
- Service member Smith arrives at the base medical emergency room and reports that he has been sexually assaulted. Healthcare personnel immediately notify the SARC and begin to administer any emergency healthcare (medical and mental health) treatment.
- 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 processes associated with each.
- Service member Smith elects the Unrestricted Reporting option then fills out and signs the DD Form 2910.
- The SAPR VA immediately notifies the appropriate Military Criminal Investigative Office (MCIO) investigator on behalf of the Service and the victim’s unit commander.
- MCIO investigators arrive and begin the investigation.
- Service member Smith is asked if he would like a Sexual Assault Forensic Exam (SAFE), and he agrees.
- The SAPR VA advises the healthcare personnel that Service member Smith has elected the Unrestricted Reporting option and would like a SAFE.
- Forensic evidence of the assault is collected by healthcare personnel in a SAFE Kit, and at its conclusion, MCIO investigators collect the SAFE Kit to ensure chain of custody.
- The healthcare personnel determines and schedules needed or victim-requested follow-up medical or mental health treatment.
- The SAPR VA advises the SARC that Service member Smith has elected the Unrestricted Reporting option.
- In addition to any current existing channels of notification, within 24 hours of Service member Smith’s Unrestricted Report, the SARC will inform the senior commander that an assault has occurred and provide the commander with the details of the assault. This information will only be disclosed to personnel with an official “need to know.”
- The SAPR VA maintains communications and contact with the victim as needed for continued victim support.
CONSIDERATIONS WHEN ELECTING AN UNRESTRICTED REPORTING DECISION
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