Understanding Sexual Assault

1
Understanding SexualAssault

2
Overview

• Marine Corps Policy
• Sexual Assault Defined
• Common Myths
• Offender Characteristics
• Rape Trauma Syndrome
• Prevention Strategies for Leaders

3
Overview

• Responding to Sexual Assault
• Reporting Requirements
• Assistance for Victims

4
DoD Definition of Sexual Assault

• Sexual assault is a crime defined as intentional
  sexual contact, characterized by use of force,
  physical threat or abuse of authority or when the
  victim does not or cannot consent.

5
Marine Corps Policy

• Zero tolerance for sexual assault
• Sexual assault is a criminal act
• Victims have access to appropriate assistance
• Perpetrators of sexual assault will be prosecuted
  to the fullest extent of the law
• Commanding officers of perpetrators will take
  appropriate disciplinary and/or administrative
  action

6
Impact on Readiness

• Diminishes the reputation and prestige of the
  Marine Corps
• Creates serious morale problems
• Destroys esprit de corps
• Trauma for victims can create short-term as well
  as life-long problems
• Impacts everyone in the unit

7
Definitions

• Sexual assault includes rape, nonconsensual
  sodomy (oral or anal sex), indecent assault
  (unwanted, inappropriate contact or fondling), or
  attempts to commit these acts
• Sexual assault can occur without regard to
  gender, spousal relationship, or age of victim

8
Consent

• Consent shall not be deemed or construed to
  mean the failure by the victim to offer physical
  resistance
• Consent is not given when a person uses force,
  threat of force, coercion or when the victim is
  asleep, incapacitated, or unconscious

9
What the UCMJ Says

• Rape (Article 120)
• Penile-vaginal intercourse with force and without
  consent
• Even slight penetration is sufficient to complete
  the offense
• Indecent Assault (Article 134)
• Intent to gratify the lust or sexual desires of
  the accused

10
UCMJ

• Sodomy by Force and Without Consent (Article 125)
• Assault with Intent to Commit Rape or Sodomy
  (Article 134)
• Sexual Assault (Article 128 134)
• Attempted Rape
• Non-consensual sodomy/attempted
• Digital penetration/attempted

11
In the Civilian World

• National Crime Victimization Survey
• Most at-risk age group is 16-24
• Approximately 7 women and 1 man out of every
  1,000 persons age 18-24 were sexually assaulted
  each year, 1995-2000
• Non-strangers committed 74 of the assaults
• Less than 13 of the assaults were reported to
  the police

12
Offender Characteristics

• National Center for Victims of Crime
• Offender characteristics
• 49.9 perceived to be between 21-29 years of age
• 46 perceived to be under the influence of
  alcohol
• 84.5 of cases involved no weapon other than
  hands, fists or feet

13
Common Themes in the USMC

• Alcohol use/abuse
• Acquaintance or co-worker
• Consent is muddy issue
• Clothing removal typically not forcible
• I didnt want to..but didnt say anything
• She didnt say no
• She said no but I thought she was kidding

14
Common Themes

• Victims are young, impressionable, eager to
  belong, very sensitive to peer pressure, isolated
  from friends and family
• Eager to prove themselves
• Both look to their immediate supervisors/leaders
  to set the tone

15
Know the Facts

16
Victim Profile

• Female
• Ages 18-24
• Eager to belong
• Sensitive to peer pressure
• Isolated from friends and family
• Eager to prove themselves
• Previously victimized

17
Offender Characteristics

• Male
• Age 21-29
• Under the influence of alcohol
• No weapon-other than hands, fists, and feet

18
Rape Myths

• Rape is a crime of passion
• Rape is an act of violence. It is using sex as a
  weapon to gain power and control over a victim.
• The rapist is usually a stranger lurking in a
  dark alley
• The majority of victims know their attacker
  either as an acquaintance, friend, co-worker, or
  family member. Most rapes occur in familiar
  places such as a home, friends house, dorm room,
  car

19
Rape Myths

• Only the young and attractive, provocative, or
  careless are raped
• Rape can happen to anybodychildren,
  grandmothers, students, working women, mothers,
  sisters, your closest friend, you
• Offenders tend to target those who look
  vulnerable and easily intimidated, regardless of
  their age, physical attributes, or dress.

20
Rape Myths

• She said no, but meant yes.
• The belief that women just cannot admit they want
  sex and men have to overcome their hesitation is
  a dangerous myth. No means no. Always.
• Women secretly want to be raped.
• When people have sexual fantasies of seduction,
  they are in control of the circumstances and
  characteristics of their seducer. In rape, the
  victim is never in control an important
  difference between fantasy and reality.

21
Rape Myths

• Men cannot be raped
• Sexual assault, no matter the gender of the
  perpetrator or victim, is a form of violence
  where sex is used to demean and humiliate another
  person. Sexual assault is not a womans issue.
  One in 33 men have been victims of sexual assault
  in their lifetime. Most often the perpetrator is
  a heterosexual male.

22
Rape Myths

• If a victim has had prior consensual sex with an
  attacker or agrees to go somewhere private then
  it cannot be rape
• Nothing, not even previous consensual sex,
  entitles anyone to force another to perform
  sexual acts
• Further, a victim's cooperation to go "somewhere
  private" with the suspect is not an invitation to
  rape her and should never be viewed by the
  criminal justice system as an indication of
  consent

23
Rape Myths

• Rape happens when a guy gets turned on sexually
  and then cannot control himself
• Forcing a woman to have sex under any
  circumstances is rape, a violent crime with
  serious consequences, not an act of desire

24
Why Do These Myths Matter?

• Victims are not believed
• Cases are not investigated properly
• Offenders may repeat their crime

25
Who Are The Offenders?

26
The Stereotype

• Looks threatening
• Carries some type of weapon
• Stalks his victims like a predator
• Attacks women at night in parks and dark streets,
  or breaking into their homes
• Leaves the victim physically brutalized
• Is a stranger

27
The Truth

• He can and does look like "any man
• Could be of any rank, any race, any age, a top
  performer, outstanding athlete, or the "good"
  Samaritan who offers help
• He is the handsome guy she meets at a friend's
  house, or the former boyfriend who still has a
  key to her apartment

28
Reminders for Evaluating Risk

• Many offenders are charming and likeable
• Offenders can be hard charging efficient Marines
  with excellent fit reps
• Victims can be loud, abrasive, persistent and
  annoying
• Victim may have been engaging in high risk
  behaviors at the time of the assault

29
Reminders for Evaluating Risk

• Charm and excellent fit reps do not mean the
  offender is telling the truth
• Engaging in high risk behaviors does not mean the
  victim is lying or was deserving of the assault

30
What Convicted Rapists Tell US

• The typical sex offender
• Typically premeditates the sexual assault
• Uses only as much violence as is necessary
• Engages in consensual and coercive sex far more
  often than is typical for men of his age group
• Uses alcohol to dis-inhibit himself and render
  the victim vulnerable
• Views women as sexual objects to be conquered,
  coerced and used for self-gratification
• Adopts highly "gendered" identity sees himself
  as hyper-masculine and often privileged
• Possesses very smooth and charming personal style

31
Three Credibility Challenges

• The victim's lack of physical resistance
• Inconsistent or untrue statements by the victim
• Delayed reporting
• Many reports come in late to law enforcement
• Limits evidentiary support of allegation
• Witness testimony subject to recall bias

32
The Challenges Reflect Reality

• Most sexual assault victims know their attacker
• Most delay reporting (or never report)
• Most do not use physical resistance, and most
  suspects do not resort to physical violence or
  use of a weapon
• These characteristics should thus not be confused
  with a "false allegation" and should never be
  used as the basis for not supporting a victim

33
Delayed Reporting

• Many sexual assaults are never reported
• Embarrassment/humiliation
• Feelings of guilt/remorse
• Fear of impact on military career
• Fear of administrative action
• Fear of being ostracized by fellow Marines
• Fear of not being believed
• Intimidation by perpetrator and/or his friends
• Distrust dont feel safe with anyone
• Failure let down self, unit, family, and friends

34
The Consent Defense

• Most victims know in the majority sexual assault
  cases, the defense is usually consent
• This means spending the majority of time trying
  to prove that the victim is not a "bad girl," and
  forgetting to exhaustively investigate whether
  the suspect is a "bad guy" and indeed a "real
  rapist"

35
Lack of Physical Resistance

• Victims may not resist because they are too
  surprised or confused, or because they fear
  resistance will increase their risk of injury or
  death
• Other victims do not resist because the man's
  greater size and strength are sufficiently
  threatening
• Finally, victims may not resist because they are
  experiencing dissociation or frozen fright, or
  are under the influence of drugs or alcohol

36
Inconsistent Victim Statements

• Many victims will provide inconsistent or untrue
  information but should NOT be confused with a
  making a false allegation
• May be a result of
• Trauma memory syndrome or disorganization
• Discomfort relaying sexual details
• Fear of being doubted or blamed
• An attempt to make the assault sound more like
  the stereotypic real rape

37
Unfounded/Unsubstantiated vs. False Allegation

• Unfounded/Unsubstantiated Not enough evidence
  to suggest that a crime occurred
• False Allegation A deliberate lie, subject to
  punishment

Recantation is a common reaction where a victim
denies the original report of abuse that he or
she made due to fear of retribution, fear of not
being believed or being stigmatized, the desire
to not re-experience the trauma, or perhaps
pressure from those in a position of authority
who may want the problem to "go away" or who may
have an interest in protecting the perpetrator.
38
Recantation

• Recantation is a common reaction where a victim
  denies the original report of abuse that was made
  due to
• Fear of retribution
• Fear of not being believed or being stigmatized
• The desire to not re-experience the trauma
• Pressured from those in a position of authority
  who may want the problem to go away
• Pressure from those who may have in interest in
  protecting the perpetrator

39
Sexual Assault Trauma Syndrome
Stage 1 Acute/Impact Reaction
Stage 2 Outward Adjustment Phase
Stage 3 Depressed Phase
Stage 4 Integration and Resolution Phase
40
Stage 1 Acute/Impact Reaction

• Occurs immediately and several days after the
  assault
• Anger is common and may surface in a variety of
  ways
• May have somatic (physical) reactions to include
  pain
• May have emotional reactions to include
  confusion, shock, fear, and guilt

41
Stage 2 Outward Adjustment Phase

• Lasts from weeks to months
• Emotional reactions
• May include intense fear, anxiety, denial
• Physical signs
• May include itching or burning during urination,
  tension headaches, nausea

42
Stage 3 Depressed Phase

• Lasts days to months
• Victims emotions may include
• Sense of having lost control
• Self-esteem plummets
• Obsessive memories

43
Stage 4 Integration and Resolution Phase

• Lasts months to years
• Emotions may include
• Lack of trust in future partners
• Depression
• Anxiety

Anxiety and depression heightened when the victim
is reminded of the assault (trigger recall)
44
Rape Trauma Syndrome

• Unique issues for male victims
• Often suffer profoundly from the idea that to be
  sexually assaulted is to lose one's manhood
• Often confuse sexual assault victimization with
  homosexual identity
• May request a female officer, insist that they
  were "assaulted" rather than raped (thereby
  denying the sexual component), or refuse to speak
  to a victim advocate
• May aggressively assert their masculinity or
  heterosexuality following the assault

45
Impact on Family and Friends

• Parents/spouses may exhibit physical and
  emotional symptoms similar to victims
• Close relationships are altered as loved ones
  struggle to cope with the crime and victim
• Pre-existing intimate relationships may end
• Family and friends may become over-protective of
  the victim, or threatening toward the offender
• Family members may become hostile and angry
  toward investigators or the command

46
Best Practices

• Treat acquaintance rapes as potential serial
  assaults
• Per MCO 1752.5A immediately report incidents to
  law enforcement.
• Utilize the Sexual Assault Response Team (SART)
• Investigators (NCIS/CID)
• Legal
• Command
• Family Advocacy Victim Advocates
• Medical

47
Is Sexual Assault Preventable?
48
As a Leader

• Create a climate that is respectful to all
• Do not allow the behavior of a few to tarnish the
  prestige of the Marine Corps
• Always interrupt anyone you see sexually
  violating another persons space, either
  physically or verbally
• Discourage story-telling, joking or bantering
  that is sexually demeaning to fellow Marines,
  whether male or female
• Hold all accountable for sexually demeaning and
  aggressive behavior
• Report all incidents of sexual assault to the
  Provost Marshall and the command
• Become familiar with the resources in your
  community

49
As a Leader

• The message for female Marines
• Be clear with the men in your life about what, if
  any, sexual behavior you are consenting to.
• Speak up if anything makes you feel
  uncomfortable.
• Practice situational awareness. Trust your gut
  feelings. If you feel uneasy or uncomfortable,
  get out.

50
As a Leader

• The message for male Marines
• Never assume to know what a woman wants. Check
  all sexual activity out verbally. If you feel
  you are getting a double message, say so. If she
  says she is not sure, assume the answer is no
  and let it go.
• If a woman says maybe, but then decides no,
  take no for an answer.
• Never think a woman owes you sex, under any
  circumstances.
• Accept a womans decision when she says no.

51
As a Leader

• Essential message If a woman is under the
  influence and a man has sex with her without her
  consent, it is still sexual assault

Unconscious Victim Sexual Penetration Sexual
Assault Incapacitated Victim Sexual Penetration
Sexual Assault Evidence of Disability Sexual
Penetration Sexual Assault
52
The Message for All
Alcohol and drug use on the part of the assailant
and/or the victim is one of the most important
factors that contribute to acquaintance rape
Drink responsibly! 90 of USMC Sexual Assault
cases involved alcohol use by one or both
parties!
53
When an Assault OccursThe Role of Leadership

54
Leadership is Critical

• Major theme in recent media reports on sexual
  assault in the military has been the perceived
  lack of victim support and offender
  accountability on the part of leadership.
• MCO 1752.5A requires commanders to hold offenders
  accountable.
• Marine Corps policy indicates that all personnel
  shall treat victims with dignity and sensitivity
• Victims will be protected through fair,
  conscientious, and unbiased treatment as
  individuals

55
Leadership Strategies

• Only a very small number of rape victims report
  the assault to authorities however, in about 66
  of the incidents, the victim tells another person
  about the crime. Most often this is a friend.
• Create a climate where reporting is supported
  and encouraged by all members without fear of
  reprisal.

56
Leadership Strategies

• Ensure the physical safety of the victim
• Immediately report incident to law enforcement
• Consider issuing a military protection order when
  appropriate
• Approach the victim in a supportive manner and
  suspend judgment on the credibility of the report

57
Leadership Strategies

• Assist with or provide transportation to the
  hospital
• Advise the victim of available counseling,
  support groups, and other victim services through
  Marine and Family Services or local rape crisis
  center
• Link person directly to helping agencies
• Be available for support in the weeks and months
  following the assault

58
Reporting a Suspected Sexual Assault
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BACKGROUND

• DODI 6495.02
• SECNAVINST 1752.4 (Sexual Assault Prevention and
  Response)
• MCO 1752.5A Sexual Assault and Response Program
• ALMAR 053/04
• NAVMC 2930

60
Reporting Requirements

• Reporting Requirements
• Commanding officers shall ensure that all
  incidents involving sexual assault are
  immediately reported to the installation military
  police
• All assaults occurring in areas under Marine
  Corps control or jurisdiction
• All assaults involving any military member or DoD
  eligible beneficiary regardless of the location
  of the assault
• If the assault occurred on property not under DoD
  jurisdiction, the victim may choose whether or
  not to notify civilian or military law
  enforcement officials

61
Confidentiality

• Restricted reporting allows the victim to receive
  services without a formal report to PMO or to the
  Command
• Unrestricted reporting allows the victim to
  receive services, and an official investigation
  may ensue

62
Confidentiality

• Confidentiality belongs to the victim, not the
  Advocate
• The Advocate provides information regarding
  options and consequences associated with these
  choices

The choice belongs to the victim! If the victim
chooses restricted reporting, he or she will
complete a Victims Preference Statement
63
Who Has Confidentiality?

• VA / UVA
• SARC
• Medical Care Provider
• MFS Counselors
• Explain Chaplains Privilege

64
Exceptions to Confidentiality

• A victim consents in writing
• Disclosure is necessary to prevent or lessen a
  serious and imminent threat to the victim or
  another
• When required to determine fitness for duty or
  disability retirement
• To supervise direct victim services adequately

65
Exceptions continued

• Ordered by judge or required by federal or state
  statute
• The SARC will determine whether an exception
  applies
• Exceptions do not necessarily equal wholesale
  disclosure, only information necessary to satisfy
  the respective exception should be disclosed

66
Independent Investigation

• Investigations of restricted reporting cases may
  occur if
• Commander receives information from a source
  independent of the restricted reporting avenues
• Victim discloses circumstances to someone other
  than the protective sphere

67
Victim Assistance
68
Victim Advocates

• The USMC Uniformed Victim Advocate and Victim
  Advocates provide information, guidance and
  support to survivors of sexual assault

69
Marine Corps Response

• According to MCO 1700-24B, Chapter 5
• Every Marine Corps installation establishes the
  Family Advocacy Program as the command program to
  address rape and sexual assault through a
  Coordinated Community Response (CCR)
• Under the auspices of Marine and Family Services,
  Counseling Services include victim advocacy and
  rape and sexual assault response services
• Under MCO 1752.5A victims may seek assistance
  from Marine and Family Services without reporting
  the assault.

70
Marine Corps Response

• According to MCO 1752.5A and NAVMC 2930
• Rape and sexual assaults are serious and violent
  criminal acts. Accordingly, victims of these
  crimes will be treated with respect, dignity and
  in such a manner that their privacy is maintained
  to the maximum extent possible.
• The Counseling Services primary role is to
  ensure victim safety and support. Victim
  advocates and clinical staff may provide
  treatment without reporting but will encourage
  the victim to report.

71
Assistance is Available

• Family Advocacy Program/Victim Advocate Program
• Support rape and sexual assault prevention and
  education initiatives on the installation
• Provide 24-hour crisis intervention and treatment
  services
• Provide advocacy and support services to
  victims and their family members

72
Role of Victim Advocate

• Encourage clinical counseling and referral
• Provide victims with information on victims
  rights and services
• Provide victims with options concerning their
  involvement with investigative/legal personnel
• Support command in ensuring the victim is
  reasonably protected from the accused
• Encourage the victim to seek medical services
• Advise the victim of options to reporting

73
Contact Information

• Help is available 24 hours, 7 days a week and
  365 days a year for victims of sexual assault
• Contact the local Marine and Family Services or
  the Navy Fleet and Family Service Center for
  assistance during duty hours
• If you need assistance contacting a Victim
  Advocate after duty hours contact the local
  Military Police

74
Role of the Victim Advocate

• Provide information to victims on their rights
• Accompany and support victims through medical and
  legal proceedings
• Provide assistance in filing for compensation
  through the Victim Witness Assistance Program and
  other local compensation programs
• Actively help survivors to obtain services they
  need and are eligible for within the USMC and
  civilian community
• Support sexual assault awareness and prevention
  initiatives in the community

75
Sexual Assault Hotlines

• National Sexual Violence Resource Center
  877-739-3895 (toll free) (24 hour access to
  information, resources, and research regarding
  sexual assault)
• Rape, Abuse Incest National Network (RAINN)
  635-B Pennsylvania Avenue, SE Washington, DC
  20003 800-656-HOPE(Note This number will
  connect you to your local rape crisis center.)

76
Understanding Sexual Assault

• Questions?

77
Acknowledgements

• Successfully Investigating Acquaintance Sexual
  AssaultA National Training Manual for Law
  Enforcement, 2001
• Violence Against Women Online Resources
• http//www.vaw.umn.edu/documents/acquaintsa/acquai
  ntsa.html
• Bureau or Justice Statistics
• http//www.ojp.usdoj.gov/bjs/
• National Sexual Violence Resource Center
• http//www.nsvrc.org/
• Office of Victims of Crime
• http//www.ojp.usdoj.gov/ovc/