The Department of Defense took an additional step to remove barriers to sexual assault reporting by issuing an Oct. 25 memo instructing each military service to implement Safe-To-Report policies in accordance with the National Defense Authorization Act for FY 2021. The Safe-To-Report policy safeguards sexual assault victims from facing disciplinary action when they report a sexual assault if minor “collateral misconduct” (such as underage drinking) is discovered during the investigation.
The policy provides commanders discretion in deciding whether an offense is a minor offense, however the memo outlines some of examples of “collateral misconduct” that generally should be treated as minor for purposes of the Safe-to-Report Policy, including:
• The victim was drinking underage at the time of the assault.
• The victim was engaged in an unprofessional relationship with the accused at the time of the sexual assault.
• The victim was in violation of lawful orders establishing curfews, off-limit locations, school standards, barracks/ dormitory/berthing policies, or similar matters at the time of the alleged sexual assault.
The policy also outlines “mitigating circumstances” commanders should consider when determining whether the collateral misconduct is minor, including:
• The victim engaging in misconduct after the sexual assault, which may be related to symptoms of exposure to trauma, e.g., the victim engaged in underage drinking as a coping mechanism to alleviate sexual assault trauma symptoms.
• The victim's age and military experience level.
• Whether the suspect is in a position of authority over the victim or a higher grade than the victim.
• Whether the suspect engaged in actions to stalk, harass, haze, coerce and/or otherwise influence the victim to engage in sexual behavior.
According to the memo “If the alleged collateral misconduct is non-minor, then the Safe-to-Report Policy does NOT apply and the victim could be subject to disciplinary action. However, if the alleged collateral misconduct is deemed minor, then the Safe-to-Report Policy does apply and the victim shall not be disciplined.”
The Safe-to-Report Policy will become effective once each service issues their respective policies. For full details on the policy, see the memo Safe-to-Report Guidance to Services and NGB for issuing their corresponding policies at https://sapr.mil/policy.
Social Sharing