Understanding Sexual Assault

1
Understanding SexualAssault

2
Overview

• Marine Corps Policy
• Sexual Assault Defined
• Common Myths
• Offender Characteristics
• Prevention Tips

3
Overview

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

4
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

5
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

6
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.

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

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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
• Carnal Knowledge (Article 120)
• Penile-vaginal intercourse with someone under 16
  years of age
• Assault with intent to commit rape or sodomy

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
UCMJ

• Indecent Assault (Article 134)
• Intent to gratify the lust or sexual desires of
  the accused
• Indecent Acts or Liberties with a Child (Article
  134)
• An indecent act upon or with the body of someone
  under 16 years of age
• Intent to arouse, appeal to, or gratify the lust,
  passions, or sexual desires of the accused, the
  victim, or both

12
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

13
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

14
Common Themes in the Military

• 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
• Both victim and alleged perpetrator are commonly
  junior in rank and in their 20s

15
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

16
Do You Know the Facts?

17
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

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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.

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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.

20
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.

21
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

22
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

23
Why Do These Myths Matter?

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

24
Who Are The Offenders?

25
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

26
The Truth

• He can and does look like "any Marine
• 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 barracks
  room, a friend's house, or the former boyfriend.

27
Offender Characteristics

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

28
Offender Characteristics

• The sex offenders who are committing the vast
  majority of rapes are
• Representative of a very small percentage of the
  male population
• Clever about their choice of victim (they attack
  "acquaintances")
• Controlled in their aggression
• Rarely reported, prosecuted or convicted

29
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

30
Is Sexual Assault Preventable?
31
Victim Profile

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

32
As a Woman

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

33
As a Woman

• Check out a first or blind date with friends.
  Meet in and go to a public place. Take public
  transportation or your own car. Always carry
  cash.
• Leave social events with friends, not with
  someone you just met or dont know well.
• Always watch your drink and never leave it
  unattended. Dont accept beverages from someone
  you dont know or trust.

34
Important Questions to Consider

• What is his "reputation" among his peers or
  co-workers? Is he known as a "ladies man"?
• Does his group of male friends have a reputation
  for sexual conquests?
• Does he boast about his sexual exploits?
• Does he have a steady girlfriend? If so, does he
  date other women on the side?
• Have any prior "conquests" ever accused him of
  rape or other sexual misconduct?

35
Important Questions to Consider

• Have roommates or friends seen women leaving his
  room crying/distraught?
• Does he talk about taking pictures or filming
  videos during sexual acts without the womans
  consent?
• Does he use pornography, e.g., magazines, movies,
  internet sites?
• Does he have a reputation for making plans for a
  "conquest" e.g., trying to get his dates drunk?
• If so, has he made any preparations, e.g.,
  devising a special strategy for getting his
  target incapacitated?

36
As a Man

• Never assume that you know what a woman wants.
  Ask your date what she wants. 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. Women have the right to
  set limits on sexual behavior, just as you do.
• Never think a woman owes you sex, under any
  circumstances. Sexual intercourse is not payback
  for an expensive meal or an evening out on the
  town.
• Accept a womans decision when she says no.
  Dont see it as a challenge.

37
As a Man

• Understand that if a woman is under the influence
  and you have 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
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As a Man

• Without a clear yes, pressing on can result in
• Tarnished image with peers, family, co-workers,
  and unit
• Emotional strain of being accused
• Stress of investigation
• Potential legal consequences

40
As a Marine

• 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
• Refuse to participate in story-telling, joking or
  bantering that is sexually demeaning to your
  fellow Marines whether male or female
• Hold those in your charge 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

41
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!
42
Would You Know What to Do?
43
If It Happens to You

• Remember sexual assault is a crime. You are not
  to blame.
• Get help immediately. If safety is not an issue,
  contact a UVA!
• Other notification options - contact law
  enforcement, a friend, or a victim advocate at
  Marine and Family Services.
• Dont isolate yourself.

44
If It Happens to You

• Get medical attention as soon as possible. Do
  not shower, wash, douche, or change your clothes.
  Valuable evidence could be destroyed.
• If you think you were assaulted under the
  influence of a date rape drug, get medical help
  immediately. Try not to urinate before providing
  any urine samples. If possible, collect any
  containers from which you drank.
• Get counseling to help you through the recovery
  process. Rape is a traumatic event and trained
  counselors can make recovery easier and quicker.

45
Aiding a Victim

• Believe the victim
• Contact a UVA/VA
• Show them that you care
• Remind the victim that she/he is not responsible
  for the assault
• Listen, without judging

46
Aiding a Victim

• Avoid these phrases
• I know how you feel.
• Are you okay?
• Use these phrases instead
• What can I do?
• I care about you.
• We will get through this together

47
Aiding a Victim

• Do not contact the attacker, even if you know the
  person.
• Do not make threats against the attacker. The
  victim needs you to remain calm.
• Be approachable and patient. Dont get angry if
  the victim does not want to talk.
• Suggest counseling, support groups, and other
  victim services but allow the victim to make
  his/her own decisions about talking to family or
  friends, seeking help, or participating in the
  investigation.

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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

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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

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Uniformed Victim Advocates

• Who are they?
• Active duty Marines
• At battalion or squadron level
• SSgt or above
• Squared away Marine
• Mature with good listening skills
• Handles crisis situations well

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Sexual Assault ResponseCoordinator

• The SARC within their Command
• Appointed by the CG
• Appoints UVAs to cases
• Chairs monthly case management review group
• Tracks the disposition of cases
• Assists commander in meeting sexual assault
  training requirements
• Reports to Command within 24 hours for the
  purpose of public safety and command
  responsibility
• Makes sure the SAIRD is completed

53
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

54
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
55
Who Has Confidentiality?

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

56
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

57
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

58
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

59
Victim Assistance
60
Victim Advocates

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

61
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

62
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
• MCO 1753.5 allows victims to seek assistance from
  Marine and Family Counseling Services without
  reporting.

63
Marine Corps Response

• According to MCO 1752.5 and NAVMC 2930
• Rape and sexual assault 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 Counseling staff may provide
  treatment without reporting but will encourage
  the victim to report.

64
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

65
CONTACT INFORMATION

• Help is available 24 hours, 7 days a week and
  365 days a year for victims of sexual assault
• Contact local Marine and Family Services or the
  Navy Fleet and Family Service Center for
  assistance during duty hours
• After duty hours contact the local Military
  Police, who will refer you to a Victim Advocate
  for assistance and support

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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

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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.)

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Understanding Sexual Assault

• Questions?

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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/