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Frequently Asked Questions
Can a person who has been sexually
assaulted a year ago still report it?
Sexual assault can be reported at any
time. Once the Dept. of the Army Police or medical is notified
of a sexual assault, the procedures are the same regardless of
the amount of time since the assault. Soldiers should be
encouraged to come forward as soon as possible, so that all
possible evidence is collected and preserved before it is lost,
destroyed, or altered. Early reporting also provides the best
opportunity to gather testimony from possible witnesses before
their memories fade or they move to other locations. Delayed
reporting makes it more difficult to investigate the incident
and reduces the ability to prosecute the case. However, victims
are strongly encouraged to report crimes, no matter how long
after an assault occurred, and Dept. of the Army Police
Investigators will do their best to investigate the incident and
provide a factual and actionable report to the appropriate
judicial authority. Even late reporting can impact other
investigations and may assist in identifying and prosecuting a
criminal.
Can men be sexually assaulted?
Yes, men may be victims of forcible sodomy
or indecent assault. Therefore, all resources for sexual
assault are available, regardless of gender.
As a soldier, what are my obligations to
report a sexual assault if I am aware of it as a third party?
Anytime there is knowledge of a crime, or a
crime to be committed in the future, the individual should
report it to the Dept. of the Army Police or the chain of
command.
Are any of the Restricted Report
contacts (Sexual Assault Response Coordinator, Victim Advocates,
Chaplain, Medical Treatment Professional) protected and excluded
by Congress or the DoD from being subpoenaed to court as a
witness to testify?
None of them have been excluded, and it is
possible that they could be asked to testify at a
court-martial. Normally, Soldier witnesses are ordered to
appear by their Commanders. If someone with a confidential
relationship with a victim is either the subject of an attempted
interview by anyone or ordered to appear at a court-martial as a
witness relating to the confidential matters, the person should
report that fact to the servicing Trial Counsel. DoD has
created an administrative privilege. We believe that it may be
sustained in court, but that issue remains to be litigated.
Does this program apply to just
military, or does it include contractors to DoD as well?
The charter was to develop a prevention and
response program for Soldiers. Currently the program is
designed only for Soldiers; however the DoD and Army are
reviewing procedures on how to extend to others. Commanders
should recognize that sexual assault effects everyone and should
deal with this issue as appropriate and keep in mind that
restrictive reporting applies to Soldiers only.
For more frequently asked questions,
please visit
www.sexualassault.army.mil.
Source:
www.sexualassault.army.mil. |