Sexual assault is one of the most underreported crimes in the U.S. military. Here’s how to report sexual assault in the military.
Reporting Options
The Department of Defense prefers that personnel who experience sexual assault report it so that law enforcement personnel can become involved. However, the DOD recognizes that many victims of sexual assault may only be seeking medical, mental, legal, or advocate support with no law enforcement involvement.
The DOD offers victims two reporting options
- Restricted reporting
- Unrestricted reporting
Restricted Reporting
Restricted reporting consists of confidentiality disclosing the sexual misconduct event to specific military personnel without causing an official investigative process. These organizations offer restricted reporting to military dependents and service members:
- Sexual Assault Response Coordinator (SARC)
- SAPR Victim Advocate (VA)
- Healthcare Provider or Personnel
Reporting sexual harassment restrictedly will ensure that a victim has access to medical and mental health resources, advocacy services, and legal advice.
In order to maximize public safety, limited details of the event (excluding the victim’s identity) will be provided to an installation commander. With restricted reporting, a victim can keep their identity concealed. However, the perpetrator of the assault is not legally prosecuted for nor charged with sexual assault.
Related: Sexual Harassment in the Military: What You Need to Know
Unrestricted Reporting
Unrestricted reporting is offered to victims of sexual assault who are seeking counseling, medical treatment, legal assistance, SARC/SHARP Specialist, and VA/SHARP Specialist assistance, alongside an official investigation of the crime. When using unrestricted reporting, military law enforcement has the ability to assist an individual in their recovery process and legal processes. Following the report of the sexual assault, the SARC/SHARP Specialist will assign the victim a VA/SHARP Specialist. With the consent of the victim, a healthcare provider will conduct a Sexual Assault Forensic Examination (SAFE). Only necessary personnel will be notified of the sexual assault incident.
Following the report, legal personnel will continue the investigative process and interact with staff judge advocates, law enforcement, and other personnel involved in the investigatory process.
FAQS
Can I report a superior officer for sexual harassment?
Yes, a military member can report any higher-ranking or lower-ranking officer for sexual harassment or assault. It is essential to report any case of sexual assault whether it be restricted or unrestricted. Reporting decisions are always up to the discretion of the victim.
How can I report sexual harassment if I am a veteran?
Veterans have access to unrestricted and restricted options when reporting sexual assault.
Contact Her Lawyer
If you are seeking to report sexual assault in the military, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our Military Sexual Assault Attorneys in California today!