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Sexual assault is 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. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim.
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.
The restricted reporting option allows those who have been sexually assaulted to confidentially disclose the assault to certain individuals (SARC, SAPR VA and healthcare personnel) and receive medical and counseling treatment without triggering an official investigation. Victims' information will not be provided to law enforcement or the command unless an exception applies. Exceptions to confidentiality include:
1. When the victim authorizes the disclosure.
2. If the disclosure is necessary to prevent or lessen an imminent threat (i.e. harm to self or others).
3. For Disability or Medical Evaluation Boards.
4. SARC/SAPR VA/ Healthcare personnel may exchange need to know information for the purpose of supervision or victim services.
5. If ordered by military or civilian courts when ordered.
Service members and their dependents (18 years or older) are eligible to file a restricted report. Only a SARC, SAPR VA, or healthcare providers can accept a restricted report of sexual assault.
Dependents younger than 18 years of age or those who have been assaulted by their spouse are referred to the local Family Advocacy Program where available.
Those electing the unrestricted reporting option can receive a forensic medical exam, medical care, counseling, a law enforcement investigation, and the command is notified of the report. Any of the following personnel can accept an unrestricted report of sexual assault: SARC, SAPR VA, healthcare personnel, chain of command, law enforcement or legal personnel. Once your commander is aware of the incident, he/she will take steps to separate you from the offender, and if appropriate, issue a Military Protective Order.
There are Sexual Assault Prevention and Response (SAPR) personnel appointed at each of the commands within MCIPAC including: Sexual Assault Response Coordinators (SARC) and SAPR Victim Advocates. SAPR personnel are specifically trained to respond to reports of sexual assault and can answer any questions you may have.