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Commanders Responsibilities for SA - ✔✔Notify CID Notify SARC/VA Notify Legal Notify victim that they still can file a restricted report SAIRO BN CDR and above SAIRO - ✔✔ SVWL - ✔✔Special Victims Witness Liaison SJA CoJ Preferral Referral Article 32 RCM - ✔✔Staff Judge Advocate Chief of Justice Formal ling of charges an order convening a court martial a preliminary hearing held before charges rules for court martial Court-martial UCMJ - ✔✔active duty worldwide jurisdiction reservists/national guard while on title 10 ETS: no jurisdiction
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Commanders Responsibilities for SA - ✔✔Notify CID Notify SARC/VA Notify Legal Notify victim that they still can file a restricted report SAIRO BN CDR and above SAIRO - ✔✔ SVWL - ✔✔Special Victims Witness Liaison SJA CoJ Preferral Referral Article 32 RCM - ✔✔Staff Judge Advocate Chief of Justice Formal ling of charges an order convening a court martial a preliminary hearing held before charges rules for court martial Court-martial UCMJ - ✔✔active duty worldwide jurisdiction reservists/national guard while on title 10 ETS: no jurisdiction
investigations UCMJ - ✔✔off-post civilians and military may investigate on-post military has primary jurisdiction Summary Court-Martial Special Court-Martial General Court-Martial - ✔✔BN Level Article 15 hard labor not high fined not kicked out BDE level Article 15 less than year punishment discharged if wish Division or GCMCA level all level of punishment force is - ✔✔use of weapon, use of physical strength or violence sufficient to overcome, restrain or injure Sexual Act - ✔✔Penis penetrating the vulva, anus, or mouth OR penetration of the V/A/M of the victim by any part of the body or any object with intent to abuse, humiliate, harass, or degrade any person OR to arouse or gratify the sexual desire of any person Penetration is even if it touches inside vulva Sexual Contact - ✔✔touching or causing someone to touch directly or through clothing the hot spot areas with the intent of sexual gratification or abuse, humiliate or degrade Highest to lowest: Sexual Act X High Degree of force Sexual Act X Degree of Force Sexual Contact X High Degree if Force Sexual Contact X Low Degree if Force - ✔✔Rape Sexual Assualt Aggravated Sexual Contact Abusive Sexual Contact
117a - ✔✔Rape and Sexual Assault Sexual Assault of a child Misc. sex offenses-indecent viewing, recording, broadcast Stalking Retaliation Child Porn Intimate images DoDI 6495.02 - ✔✔controls what you say to anyone at all times controlled by regulation victim controls the privilege some exception applies to restricted reporting unrestricted need to know MRE 514 - ✔✔controls what evidence comes in at trial and during trial proces victim controls the privilege some exceptions controlled by military judge Confidential Communication - ✔✔is communication of PII concerning a sexual assault incident or victim provide to a SARC/VA in a restricted report DoDi 6495.02 applies to - ✔✔restricted reporting unrestricted need to know
Sanitized information - ✔✔permitted to use enhance prevention measures and training, climate and culture may not use SA RR information for investigation purposes Exceptions to MRE 514 - ✔✔emotional/mental makes them a danger to others the future commission of a fraud or crime safety and security of personnel or property including classified info no MRE privilege if victim is dead Exceptions to DoDI 6495.02 - ✔✔SA RR prevent or mitigate a serious and imminent threat to health and safety required for fitness of duty report required for services being requested Article 32 preliminary hearing - ✔✔A paper drill pre court martial vicimt can not be forced to testify court-martial - ✔✔active duty: 'world wide jurisdiction over SM on active duty retirees: while receiving retirement ETS: No jurisdiction investigation UCMJ - ✔✔off post- civilian and military on-post - military what is force - ✔✔force is a use of a weapon, use of physical strength or violence sufficient to overcome, restrain or injure to compel the victim Sexual Act x High Degree of Force Sexual Act x low Degree of Force
MRE 412 - ✔✔Rape shield law restricts using victims sexual acitvity or manner of dressed MRE 513 - ✔✔restricts victims communication with psychoterpist in court DoDI 6495.02 - ✔✔controls what you say to anyone at all times victims control the priveliage uniquie excemptions for restricted report MRE 514 - ✔✔controls what evidence comes in at trial and during trial controlled by military judge SVC covered offenses - ✔✔statutory 120 Rape / SA 120b Rape SA/ Child 120c incident viewing/recording/broadcasting 130 stalking 80: attmepts kinda covered 1 17a revenge porn 93a Sexual harasssment 134 CSEM retaliation SVC Eligibility - ✔✔Three required criteria: Sex-related offesne UCMJ jurisdiction
Victim is eligible for legal asst SVC SVP TDS - ✔✔Special vicitm counseling - victim Special victim prosecution - military / governemnt Traial defense counseling - subject SVC Role - ✔✔investigation pre-preferral pre-referral-referal at SPCM/GCM post trial Non-participating victim - ✔✔Does not want to participate in investigation Victims still must meet with CID but can refuse to take part of investigation ET Time line - ✔✔within 5 C Days NON PCS complete in 1 week PCS complete in 30 C days victims update in SARB 72 hours after confidentiality is important becasue - ✔✔its essential to the victim's recovery contains the assault experience protects the victim from further assault or re-victimization Crime Victims' Rights Act - ✔✔1. reasonably protected from the accused 2.reasonable, accurate, and timely notice
Restricted SA report Befits and limitations - ✔✔Benefits: access to medical, advocacy, legal, counseling services can receive SAFE CATCH Control release of PII can change to unrestricted limitations no command support no MPO alleged offender will not be held accountable no ET Unrestricted SA Report Befits and limitations - ✔✔Access to medical, advocacy, legal, counseling services can receive SAFE command support MPO alleged offender can be held accountable limitations: more people will know investigation may be intrusive an not change to restricted ET Process - ✔✔Da form 4187 signed by BN CDR or above attached MFR from client
family members of SM can be request a ET from the SM under compassionate reassignment must be a unrestricted report on signed 2910 charges 117a, 120, 120c, and 130 BN CDR will approve a credible report for ET after CID or legal update All transfers are reported in SARB approved within same unit by BDE CDR approved not cross army commands outside same unit lowest CDR that has control over the same victim and subject approved outside the same unit that crosses army command is SC at the installation approved PCS HRC Officer or enlisted Sarc will not provide a copy of ________ to the commander - ✔✔DD form 2910 but a oral confirmation for ET process required close out after approved ET - ✔✔SARC losing meeting SARC to SARC warm hand off Gaining SARC intake Gaining BDE CDR intake transfer of services and case added to gaining SARB SARB transfer - ✔✔transferred if: victims continues services and investigation is on going
DSIAD Case entry - ✔✔By a victim or a SM subject do not enter without a signed 2910 or independent investigation open with limited information - ✔✔civilian victims - SM subject Victim refuses services Victim opt-out of investigation local jurisdiction refused to provide victim information wait for investigation interface to occur before clsoing case Mission of the SARB - ✔✔Disciplined group that serves two functions Provides over sight Fulfills SA Case Management Group SARB functions as directed by DoDI 6495. SARB Framework - ✔✔DoDI 6495.02 and AR 600-20 appendix F and SOPs SARB Process - ✔✔Admin Prep SARB Packet Facilitating SARB Meeting Complete activities after meeting Admin prep for SARB - ✔✔one week prior - meet with CID/SJA review case UR send out invites prepare notes
preparation for meeting- coordinate with staff for time and location prepare SARB Packet create template for slide finalized agenda SARB Packet - ✔✔Minutes from last meeting Agenda UR case listing case number, unit, date of incident, date of report, agencies involved, alleged offender data case synopsis Execution of the SARB - ✔✔Lead SARC will record board meeting minutes cases may be presented in a certain order RA cases not briefed new UR cases are presented ongoing UR cases are briefed allow time for discussion after all business is discussed give chairperson the floor Lead SARC Execution of the SARB - ✔✔Lead SARC Record board meetings min Cases may be presented in the order RA cases not briefed New UR cases are presented Ongoing UR cases are presented Notes on case sheet Allow time for open discussion
SARC notification by CID Final case disposition from commanders to CID SJA provides SARC with req info Ensure collab between SARC/VA, SJA, CID, and other agencies require updates on status of E.T. Lead SARC Rep - ✔✔Serve as Co-chair of the SARB assist installation commander ensure all SARB members receive notification of meeting ensure SARB participants receive case manag training Quarterly Case Management Group CMG; system coordination and accountability meeting - ✔✔system coordination challenges among CMG members timely victim access to all services HRRT and other organizational response to victims safety retaliation reporting timeliness of move for E.T. Tenant commanders concern reporting services trends required personnel are the same as the SARB Safety Assessment - ✔✔Primary concern safety assessment is conducted Installation commander or deputy ensure trained personnel conduct safety assessments one for each victim MPOs are not enforced off post HRRT - ✔✔if a victims is a high risk situation the SARB chairperson forms a HRRT from qualified personnel
monitor victims activities develop a plan provide assistance as necessary chaired by the victims immediate commander at min included offenders commander SARC / VA CID/SJA/Healthcare/Mental personnel who conducted safety assessment reported within 24 hours of activation and weekly after