Module 4: Confidentiality and Reporting Options

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• Module 4 Confidentiality and Reporting Options

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In this module, participants will

• Demonstrate understanding of Restricted and
  Unrestricted Reporting options for sexual
  assault.
• Summarize the rationale for maintaining a
  Restricted Reporting option for sexual assault.
• Identify military personnel who offer privilege,
  confidential reporting and covered communication.
• Summarize the mandated reporting requirements.

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In this module, participants will

• Summarize the VAWA reauthorization and future
  implications to service.
• Analyze how a forensic exam can impact Restricted
  Reporting.
• Explain how mandated reporting can impact
  receiving medical care.

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The Department believes its first priority is
for victims to be protected, treated with dignity
and respect, and to receive the medical
treatment, care and counseling that they deserve.
Under DoDs Sexual Assault Prevention and
Response Policy, military victims of sexual
assault have two reporting options Restricted
and Unrestricted reporting. Reporting
Options, United States Department of Defense
Sexual Assault Prevention and Response,
www.sapr.mil, February 5, 2008.
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Unrestricted Reporting

• Medical treatment for injuries related to the
  assault
• A sexual assault forensic examination
• Advocacy services
• Referrals for counseling
• Legal services

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Benefits of Unrestricted Reporting

• Increased victim support
• Dedicated victim advocate
• Commander action
• V/W Assistance
• Punishment for collateral misconduct may be
  delayed
• Monthly case management

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Benefits of Unrestricted Reporting

• Ensuring victims are receiving desired services
• Mandated monthly case status reports
• Offender accountability
• Investigation
• Prosecution/Punishment

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Limitations of Unrestricted Reporting

• Cant change to Restricted Reporting
• Details/identities may become known
• Investigation/legal process intrusive
• Collateral misconduct
• Offender punishment

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Restricted Reporting

• Report must be filed with one of following
• SARC
• A Healthcare Provider
• A (Military) Victim Advocate

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Restricted Reporting

• Allows active duty victim to access medical and
  counseling services
• without
• informing law enforcement or Command

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Restricted Reporting

• For Documentation Purposes within 24 hours
• SARC must notify senior Commander of assault and
  provide non-identifying information
• Gender
• Grade (Rank)
• Service/Component
• Status
• Location of incident
• Type of assault

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Important to Note

• All active duty personnel are eligible to choose
  restricted reporting. Family members, civilians
  and children are not. National Guard and
  Reservists have unique circumstances and may not
  always have the restricted reporting option
  available to them therefore a SARC should be
  notified immediately to determine the victims
  status.

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Benefits of Restricted Reporting

• Medical Treatment
• Time to consider options
• Information and support
• Control of personal information
• Victim decides to move forward
• Commander gets accurate picture

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Limitations of Restricted Reporting

• Offenders unpunished
• Victims not protected
• Lose crime scene evidence
• Victims cant discuss

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Restricted Reporting and Civilian Rape Reporting
Laws

• Civilian SA reporting laws may provide barriers
  to Restricted Reporting.
• Some state statutes may require a report to law
  enforcement.

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Civilian Rape Reporting Laws

• Laws that mandate SA reporting (California)
• Laws reporting non-accidental or intentional
  injuries
• Laws reporting injuries caused by criminal
  conduct
• Laws relating to other crimes/injuries that may
  impact victims of SA

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VAWA Reauthorization

• Beginning January 5, 2009 states and tribal
  entities receiving STOP grants may no longer
  charge for a SAFE exam due to lack of cooperation
  with law enforcement.

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Covered Communications

• Refers to any oral, written, or electronic
  communication of personally identifiable
  information concerning a sexual assault victim or
  alleged assailant provided by the victim to the
  SARC, VA or healthcare providers.

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Exceptions and Limitations

• It is important for first responders to military
  sexual assault victims to be aware that there are
  several exceptions to the Restricted Reporting
  guidelines and the promise of confidential
  reporting and covered communications.

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Exceptions and Limitations Include

• If an exception applies, the SARC should
  encourage victims to acknowledge in writing that
  information will be disclosed.

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WORK CLOSELY WITH YOUR LOCAL SARC OR VA They are
your biggest assets when navigating the waters
around exceptions limitations