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Understanding Sexual Assault

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Title: 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
59
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/
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