Flashcards in Section 16I - Sexual Assault Deck (44):
Sexual assault is ____ conduct and violates Air Force core values.
____ for self, others and the Air Force institution is inherent in the core values of Integrity First, Service Before Self and Excellence in All We Do.
The DoD definition of sexual assault is for training and educational purposes and precludes definitions of offenses under the UCMJ. (T/F)
False. (The DoD's definition of sexual assault does not in any way affect the definition of any offenses under the UCMJ.)
Sexual assault is defined by the DoD as intentional sexual contact, characterized by what?
Use of force, threats, intimidation, abuse of authority, or if the victim does not or cannot consent.
Does the DoD's definition of sexual assault include unwanted or inappropriate sexual contact and all attempts to commit it?
Consent requires words or overt acts by a ____ person that indicate freely given agreement to sexual conduct. (T/F)
Does a lack of verbal or physical resistance to sexual conduct constitute consent?
No. Consent cannot be construed when submission results from the accused's use of force, threat of force, or placing another person in fear.
By itself, a previous or current dating relationship or a person's ____ of ____ does not constitute consent to sexual conduct.
Manner of dress.
Who implements and manages the installation-level sexual assault prevention and response program? To whom does he or she report?
The Sexual Assault Response Coordinator (SARC). Directly to the installation Vice Commander (CV).
The Sexual Assault Response Coordinator (SARC) is the installation's single Point of Contact (POC) for sexual assault victim care during what stage of response to sexual assault incidents?
From the initial report through disposition and resolution of the victim's health and well-being issues.
The Sexual Assault Response Coordinator (SARC) helps commanders meet annual sexual assault prevention and response training requirements and provides community education. List two other responsibilities.
1) Maintains, compiles and submits required reports; and 2) ensures available avenues of reporting sexual assault receive the widest possible publicity (including restricted and unrestricted reports.)
Who provides essential support, liaison services and care to sexual assault victims?
Victim Advocates (VA).
What are the responsibilities of Victim Advocates (VA)?
1) Providing crisis intervention; 2) referral; and 3) ongoing nonclinical support (including information on available options and resources to assist the victim in making informed decisions about the case.)
How long will Victim Advocates (VA) continue to serve a sexual assault victim?
Until the victim states that support is no longer needed or the Sexual Assault Response Coordinator (SARC) determines that services are no longer required.
Who may be Victim Advocate (VA) volunteers?
Only Regular Air Force military personnel, AFR or ANG personnel in active status and DoD civilian employees selected by the Sexual Assault Response Coordinator (SARC). (They must possess the maturity and experience to assist in a very sensitive situation.)
When may a Victim Advocate (VA) accompany a sexual assault victim during investigative interviews and medical examinations?
At the victim's request.
Victim Advocates (VA) accompanying sexual assault victims to any investigative interviews or medical examinations may be called as witnesses in court-martial or administrative proceedings. (T/F)
What does the Sexual Assault Response Coordinator (SARC) do immediately upon notification of a sexual assault incident?
He or she assigns a Victim Advocate (VA) to the victim.
What does the Victim Advocate (VA) do immediately after being assigned to a sexual assault case?
He or she 1) contacts the victim; 2) provides accurate information on the sexual assault response process (unless the victim declines VA assistance), including the option of unrestricted reporting; and 3) informs the victim of healthcare availability, including the option of a forensic medical examination and evidence collection.
What is the most underreported violent crime in the military and in American society?
Why are sexual assault incidents often not reported?
Because the victim does not want anyone to know what happened.
What option is available to report alleged sexual assault incidents without initiating the investigative process?
Restricted reporting. (It provides confidentiality and gives the victim access to medical care, counseling and a Victim Advocate (VA).)
How does DoD and Air Force sexual assault policy achieve effective command awareness and prevention programs and use law enforcement and criminal justice activities to maximize accountability and prosecution of anyone guilty of sexual assault?
By recommending and encouraging prompt, complete unrestricted reporting of sexual assault allegations.
What is the purpose of restricted reporting of sexual assault allegations?
To give victims additional time and increased control over the release and management of personal information, and an opportunity to make an informed decision about filing an unrestricted report with law enforcement or command authorities.
Who may make a restricted report of a sexual assault allegation?
Only Regular Air Force military personnel, AFR or ANG members performing active or inactive duty training in federal status.
Who may not make a restricted report of a sexual assault allegation?
Members of the reserve component not performing federal duty, retired members of any component, dependents and Air Force civilian employees.
Who may receive a restricted report of a sexual assault allegation?
Only Sexual Assault Response Coordinator (SARC), healthcare personnel and the Victim Advocate (VA) appointed by the SARC.
What will a healthcare provider's first actions be for a sexual assault victim?
Provide appropriate emergency medical care and immediately notify the Sexual Assault Response Coordinator (SARC) to initiate the restricted reporting process.
What requirement is waived for restricted reports of sexual assault incidents?
AFI 44-102, Medical Care Management, to report sexual assault incidents to the Air Force OSI or other appropriate authorities.
Whom must the Sexual Assault Response Coordinator (SARC) notify within 24 hours of receiving a restricted report of an alleged sexual assault?
The wing Vice Commander (CV).
When a restricted report of an alleged sexual assault is made, what three categories are used to determine when the assault occurred?
1) While in military service and within the last 30 days; 2) while in military service and more than 30 days ago; and 3) prior to military service.
What non-identifying information must the Sexual Assault Response Coordinator (SARC) provide with a restricted report of an alleged sexual assault?
1) When the assault occurred (while in the military service and within 30 days, while in the military service and more than 30 days or prior to military service); 2) whether the assault occurred at night (1800-0559) or day (0600-1759); 3) general location; 4) number of alleged assailants; 5) number of alleged victims; and 6) nature of the assault.
Commanders and law enforcement officials may not use information from restricted reports of sexual assault allegations to initiate an investigation. (T/F)
Commanders can use non-identifying information from a restricted report of a sexual assault allegation for what purposes?
To 1) enhance preventative measures; 2) enhance personnel education and training; and 3) scrutinize their organization's climate and culture for contributing factors.
An unrestricted report of a sexual assault is one made through normal reporting channels. What channels does this include?
1) The victim's chain of command; 2) law enforcement; 3) Air Force OSI; and/or 4) other criminal investigative services.
A report of an alleged sexual assault is made to a Sexual Assault Response Coordinator (SARC), Victim Advocate (VA) or healthcare personnel by an individual not eligible for restricted reporting. What happens to it?
It is considered unrestricted and forwarded to the Air Force OSI.
To whom will the details of an unrestricted report of a sexual assault allegation be provided?
Only those personnel who have a legitimate need to know. (The Sexual Assault Response Coordinator (SARC) will be notified of the report and will assign a Victim Advocate (VA) to the individuals.)
Who is routinely deemed to have a valid need to know about an unrestricted report of a sexual assault allegation?
1) Law enforcement; 2) the commanders and first sergeants of the victim and the alleged assailant; 3) legal personnel; 4) the Sexual Assault Response Coordinator (SARC); 5) the Victim Advocate (VA) assigned to the victim; and 6) healthcare providers.
What steps must a commander take immediately when notified of a sexual assault through unrestricted reporting?
He or she must ensure that 1) the victim's physical safety, emotional security and medical treatment needs are met; 2) the Air Force OSI, or appropriate criminal investigative agency, and Sexual Assault Response Coordinator (SARC) are notified; and 3) the victim or alleged assailant is temporarily reassigned or relocated, if appropriate.
A sexual assault investigation may uncover evidence that the victim engaged in misconduct. Name several examples.
Any one of the following: 1) underage drinking or other related alcohol offenses; 2) adultery; 3) drug abuse; 4) fraternization; or 5) other violations of instructions, regulations or orders.
If an investigation of sexual assault allegations uncovers evidence that the victim engaged in misconduct, what must commanders do?
Ensure the misconduct is addressed in a manner consistent and appropriate to the circumstances.
Deploying members receive training on sexual assault issues before departing. (T/F)
The Air Force only identifies trained military Sexual Assault Response Coordinator (SARC) for Air and Space Expeditionary Force (AEF) rotational support for global contingency operations, consistent with requirements established by a Commander, Air Force Forces (COMAFFOR). (T/F)
False. (They also identify trained civilian SARCs who volunteer.)