According To Ucmj Article 120 What Is Consent
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What is consent ?
A freely given agreement to the sexual conduct at issue.
A person cannot consent to sexual activity if he or she is __________ _________ due to _______ or ______.
SUBSTANTIALLY INCAPACITATED due to ALCOHOL or DRUGS.
Sexual Contact is ?
the intentional touching, or intentionally causing another person to touch, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person.
Re-Victimization
refers to the behaviors and attitudes of social service providers that are "victim blaming" and insensitive, and institutional practices and values that place the needs of the organization above the needs of the victim.
Alcohol
Most widely used rape drug.
Drugs
May leave the victim helpless to stop a sexual assault.
Most common type of sexual assault;
Non-stranger
Define Sexual Assault ?
Committing a sexual act upon another person by using unlawful force against another person.
The Civilian Criminal justice system is designed to
prevent and respond to crime; identify, apprehend, and prosecute person charged with a crime. (hold them accountable for their criminal actions)
Seven phases of the Criminal Justice System;
1) Law Enforcement 2) Prosecution 3) Judiciary and Courts 4) Probation 5) Institution Corrections 6) Parole 7) Appellate Courts
If a victim chooses not to report the crime most civilian jurisdictions may classify the allegations as ?
"UNFOUNDED"
If a victim chooses not to report the crime to the Military
the investigation may continue without the victim's cooperation and the victim may still be called to testify.
Name the five phases of the investigation process:
1) Immediate police action 2) Medical treatment 3) Investigative procedures 4) Civilian and Military disposition procedures 5) Civilian and Military judicial procedures
Three levels of Court-martials:
1) summary 2) special 3) general
Victim Witness Liaison ? ( VWL )
is the primary point of contact for victims and witnesses involved in the military judicial process.
Military judicial process :
Court-Martial verdict proceedings : Acquittal or Conviction
unrestricted report:
Evidence is handed to CID
restricted report:
Evidence is handed to PMO
DD 2910
Victim Reporting Preference Statement
DD 2911
Medical Forensic Report
Sexual Assault victims are strongly
encouraged to receive a medical forensic examination
SAFE
Sexual Assault Forensic Examination
The SAFE examination enables
the diagnosis and treatment of physical injuries, assessment of the emotional impact of the assault, assessment and management of any sexual transmitted infections ( SFI ), and collection of physical evidence relevant to the assault.
SACP
Sexual Assault Care Coordinator: responsible for monitoring and tracking care of victim.
SAMFE
Sexual Assault Medical Forensic Examination: responsible for performing SAFE.
How many care levels ?
5
First level of care with hospital facilities ?
Level three: has level of expert for victims of sexual assault
Name the nine First responders:
SARC / SHARP VA / SHARP SACP / sexual assault care provider (Healthcare Personnel) SACC / sexual assault care coordinator (Healthcare Personnel) SANE / sexual assault nurse examiner (Healthcare Personnel) Chaplain Law Enforcement Personnel CID / Criminal Investigation Command Legal assistance attorney
Individuals responsible for victim protection and care in the early stages of an incident ?
First Responder
SARC/SHARP
At Brigade level
VA/SHARP
Assigned to Battalion and Company level
Sexual Assault Care Provider / SACP
responsible for the primary medical management of all identified victims of sexual assault-- from initial contact to completion of care related to the incident.
Sexual Assault Care Coordinator / SACC
Social worker or nurse who coordinates the victims care with other providers.
Sexual Assault Nurse Examiner / SANE
Also called the SAMFE; Qualified to evaluate, diagnose, and treat a victim of sexual assault.
The four steps of Victim Advocacy:
1) Establish rapport with the victim 2) Assess and Clarify immediate needs 3) Explore options 4) Bring closure
The Advocacy role of the SARC and VA ?
provide emotional support inform the commander, identify the victim's immediate needs, and explain the victim's choices.
The crisis intervention process includes:
Ensure safety of victim Explain your role Provide support Prepare for what comes next
Two Types of Advocacy:
System Advocacy Individual Advocacy
Individual advocacy
involves working to facilitate the choices of an individual victim. (this is the VA)
System advocacy
involves working for the changes that are needed to improve system response to a class of victims.
UNRESTICTED REPORT has
High-Risk Response Team
Who makes up the High-Risk response team:
Alleged offender's commander victim's SARC or VA CID SJA VWL victim's healthcare provider: counselors / mental health personnel who conducted safety assessment
Benefits of Restricted reporting:
1) Access to medical, advocacy, legal, and counseling services 2) Receive the SAFE 3) Control the release of personal information 4) Can change to unrestricted repot at any time
Limitations of Restricted reporting:
1) The alleged offender will not be held accountable 2) Not eligible for expedited transfer or reassignment 3) No command support 4) Cannot receive protective order
Benefits of Unrestricted reporting:
1) Access to medical, advocacy, legal, and counseling services 2) Receive the SAFE 3) The alleged offender may be held accountable 4) Command support 4) Can receive protective order
Limitations of Unrestricted reporting:
1) More people will know about the sexual assault 2) Investigation may be intrusive and difficult 3) Cannot be changed to Restricted report
Two types of reporting
Restricted and Unrestricted
Who can file Restricted reports
CAN BE FILED with: SARC or VA Healthcare personnel CAN NOT BE FILED with: chaplain or legal
Non-Participating Victim
Inform the victim that the investigation may continue
Confidentiality is important because
essential to victims recovery protect the victim from further assault or re-victimization contains the assault experience
Goals of the Case Management
helping professions to track services, problem solve, and coordinate system responses.
Case Management
is a standard approach used to review and evaluate the process of managing sexual harassment and sexual assault cases, which includes response to a victim of sexual assault, quality od service, access to and satisfaction with services, coordinated care, and any follow-up.
Three main steps in Case Management process:
1) Documentation and Data collection 2) Maintenance of case files (physical and electronic) 3) Case Management protocol
Data is only entered into the
DSAID or ICRS by the SARC/SHARP
ICRS
a web-based tool that allows the Army to track data related to sexual harassment cases.
Data is captured on
DA 7279 and DA 7279-1
DSAID
a web-based system that is centralized repository for service-specific, case-level sexual assault data.
According to the Army, strength is comprised of five dimensions:
Physical Emotional Social Spiritual Family
Physical:
Performing and excelling in physical activities tat require aerobic fitness, endurance, strength, health body composition, and flexibility derived through exercise, nutrition, and training.
Emotional:
Approaching life's challenges in a positive, optimistic way by demonstrating self-control, stamina, and good character with your choices and actions.
Social:
Developing and maintaining trusted, valued relationships and friendships that are personally fulfilling and foster good communication including a comfortable exchange of ideas, views, and experiences.
Spiritual:
One's purpose, core values, beliefs, identity, and life vision. Which define the essence of a person.
Family:
Being part of a family unit that is safe, supportive, and loving and provides the resources needed for all members to live in a healthy and secure environment.
Resilience:
the process of adapting well in the face of adversity, trauma, threats or other significant sources of stress such as family and relationship problems, serious health problems, or workplace and financial stressors. "Bouncing-Back"
The Vision of CSF2
a total Army team of physically healthy and psychologically strong Soldiers, Families, and Civilians whose resilience and total fitness enables them to thrive in both the military and civilian sector and to meet a wide range of operational demands.
The Mission of CSF2
To increase the physical and psychological health, resilience, and enhanced performance of Soldiers, Family, and civilians.
CSF2 is not:
1) A stand-down, Chain-teach or other single event that results in resilience 2) a "screen" for any physical or psychological disease or dysfunction 3) Something we "do" after a Soldier has a negative psychological, social, or professional outcome
Five pillars of CSF2:
1) Global Assessment Tool (GAT) 2) Master Resilience Training (MRT) 3) Performance Enhancement 4) Institutional Resilience Training (IRT) 5) Comprehensive Resilience Modules ( CRMs)
GAT
a web-based survey instrument used to assess the dimensions of emotional, social, spiritual, and family fitness
MRT
serve as commanders' advisors for resilience training and are the only personnel authorized to conduct formal resilience training to members of Army Family.
Performance Enhancement
Training is conducted by MRT performance experts, who are the only personnel authorized to conduct performance enhancement training. It focuses on building confidence, attention control, energy management, goal setting, and integrating imagery.
IRT
provides individual skills for new Soldiers and junior leaders, as well as organizational resilience skills and principles for mid-grade and senior leaders.
CRM
web-based self-development training modules intended to build resilience across the force. They teach skills that support social, emotional, family, spiritual, and physical resilience.
What is stress ?
a normal physical response to events that make you feel threatened or upset your balance in some way.
Four "Stress symptoms":
1) Cognitive Symptoms 2) Behavioral Symptoms 3) Emotional Symptoms 4) Physical Symptoms
What is Vicarious Trauma ?
a result of repeated exposure to accounts of traumatic events - the internalization of the trauma of others and the process of exhibiting the same feelings and behaviors as those who experienced the trauma.
Primary factor is having caring and supportive relationships
Contributing Factors to Resilience.
What does the SARB do to prepare for the monthly meeting? (ADMINISTRATIVE PREPARATION)
Coordinate / schedule date-time-location Prepare SARB packets Create Slide show Finalize the agenda Meet with CID to review open Unrestricted cases Send out invitation request-reminders to board members Prepare notes with case details
SARB packet includes:
Minutes from the last meeting Agenda Cases to be discussed
SARB meeting:
Record board meeting minutes - Limited information about Restricted case are usually only presented once
After the SARB meeting has concluded:
1) Prepare minutes for chairperson signature 2) Prepare for next meeting by keeping cases ready for presentation and agenda up to date
SARB Members include:
Chairperson - SARC - subordinate unit SARC & VA - CID rep - Legal rep or SJA - PMO rep - Chaplain - SACP - SACC - Behavior Health rep - Vic's Commander - Vic's Advocate - other reps
if a victim is assessed to be in a high-risk situation,
a High-Risk Response Team is formed. the "Case Management Group" chairperson forms the team.
Senior Commander is responsible for the
SARB and its Case Management Group
Prevention Levels
Primary Secondary Tertiary
Prevention Strategies
Education Awareness Participation
Sexual Assault Awareness Month
is in April and the color is Teal
Name the four steps for "Culture Change":
1) Identify the current climate 2) Envision the future 3) Set interim goals 4) List required actions
Education:
will empower people to recognize behaviors related to sexual harassment and sexual assault . Individuals can then reflect and check their own behavior and attitudes.
Awareness:
is intended to heighten individual and group awareness and enhance knowledge about another group.
Participation:
is directed toward being involved and taking action.
Chaplain:
Providing victims of sexual assault confidential counseling, spiritual guidance, and long-term support services.
Law Enforcement:
Securing the crime scene.
CID:
Collecting forensic evidence and interviewing the victim, alleged offender, and witnesses.
Legal assistance attorney:
Informing victims of their legal rights and contacting the SARC/SHARP specialist.
Commander:
Collecting necessary information, such as victim's identity, location, time of the incident, and name and /or description of offender.
Rape:
Committing a sexual act upon another person by causing bodily harm to that other person.
Abusive sexual contact:
Causing sexual contact with or by another person,if to do so would constitute aggravated sexual assault had the sexual contact been a sexual act.
Consent:
Freely given agreement to the conduct at issue by a competent person.
Forcible Sodomy:
Engaging in nonconsensual unnatural carnal copulation with another person of the same or opposite sex or an animal.
Aggravated Sexual Contact:
Engaging in or causing sexual contact with or by another person, if to do so would constitute rape had the sexual contact been a sexual act.
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