SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM (SAPRP)

R 101749Z JAN 08
FM COMDT COGARD WASHINGTON DC//CG-11//
TO ALCOAST
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UNCLAS //N01754//
ALCOAST 011/08
COMDTNOTE 1754
SUBJ: SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM (SAPRP)
A. SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM (SAPRP),
COMDTINST 1754.10C
B. REPORTING AND RESPONDING TO SEXUAL ASSAULT INVOLVING A CADET OR
OFFICER CANDIDATE, SUPTINST 1754.1B
C. REPORTING AND RESPONDING TO RAPE AND SEXUAL ASSAULT ALLEGATIONS,
COMDTINST 1754.10B
1. A NEW SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM HAS BEEN
APPROVED AND PROMULGATED AS REF A. AN IMPORTANT CHANGE, REFERRED TO
AS RESTRICTED REPORTING (RR), IS NOW AN OPTION FOR COAST GUARD (CG)
MEMBERS, INCLUDING RESERVISTS PERFORMING ACTIVE DUTY (AD) TIME IN A
DRILL STATUS, WHO ARE SEXUALLY ASSAULTED WHILE ON AD. REF A
DETAILS WHO CAN RECEIVE VICTIM REQUESTS FOR THE RR OPTION AND
DESCRIBES THE EXCEPTIONS AND LIMITATIONS OF RR. THIS COMDTINST IS
AVAILABLE AT THE FOLLOWING LINK: HTTP://WWW.USCG.MIL/DIRECTIVES.
2. EXTENSIVE RESEARCH BY DOD VALIDATES THAT MANY VICTIMS FAIL TO
REPORT SEXUAL ASSAULTS FOR FEAR OF ACTIVATING COMMAND OR LAW
ENFORCEMENT INVOLVEMENT. FAILURE TO REPORT CAN BE DETRIMENTAL TO A
VICTIMS PHYSICAL AND EMOTIONAL HEALTH AND CREATES A BARRIER TO
SEEKING MEDICAL TREATMENT, COUNSELING OR OTHER SERVICES. RR MEANS
THAT AD VICTIMS CAN NOW REQUEST CONFIDENTIALITY AND RECEIVE NEEDED
SERVICES WITHOUT TRIGGERING MANDATORY REPORTING REQUIREMENTS. REF A
BRINGS THE CG INTO ALIGNMENT WITH DOD POLICY AND POLICY THAT
PREVIOUSLY EXISTED AT THE COAST GUARD ACADEMY (CGA) IN RESPONDING
TO SEXUAL ASSAULTS. REF B PROVIDES GUIDANCE REGARDING THE RR OPTION
AVAILABLE AT THE CGA. THOUGH PROCEDURES ARE SLIGHTLY DIFFERENT AT
CGA BOTH REF A AND B ARE IN ALIGNMENT REGARDING THE PROVISION OF
RR. REF B WILL BE REISSUED IN THE VERY NEAR FUTURE TO INCLUDE
UPDATED PROCEDURES FOR FORMAL TRACKING OF RR CASES AND OTHER MINOR
CHANGES BASED UPON THE NEW POLICY CONTAINED IN REF A.
3. REF C IS CANCELLED EFFECTIVE 20 DEC 07. THE RR OPTION IS
AVAILABLE FOR AD VICTIMS WHO HAD NOT PREVIOUSLY REPORTED SEXUAL
ASSAULTS THAT OCCURRED PRIOR TO 20 DEC 07 WHILE ON ACTIVE DUTY.
4. CG AD VICTIMS WHO DESIRE TO CHOOSE RR CAN DO SO BY CONTACTING
THE FOLLOWING PERSONNEL: ANY DOD HEALTHCARE PROVIDER (HCP) AND
OTHER DOD SEXUAL ASSAULT PREVENTION AND RESPONSE PERSONNEL
DESIGNATED TO RECEIVE RR REQUESTS, CG HCPS AT ANY CLINIC OR
SICKBAY, CG WORK-LIFE (WL) OFFICE EMPLOYEE ASSISTANCE PROGRAM
COORDINATORS (EAPCS) OR OTHER WL OFFICE PERSONNEL DESIGNATED TO
RECEIVE REQUESTS IN THE EAPCS ABSENCE, AND CG PERSONNEL WHO ARE
DESIGNATED VICTIM SUPPORT PERSONS (VSPS). HCPS, EAPCS, AND VSPS
WILL WORK TOGETHER TO PROVIDE THE VICTIM WITH CARE AND ACCESS TO
VICTIM SERVICES, COUNSELING, AND OTHER FOLLOW-ON SERVICES AS
NEEDED.
5. WHEN THE VICTIM HAS EXERCISED THE RR OPTION, HCPS CAN DISCLOSE
THE NEED FOR LIMITED DUTY AND OR OTHER MEDICALLY-RELATED
RESTRICTIONS TO THE COMMAND WHEN NEEDED TO EXPLAIN WORK ABSENCES
BUT SHALL NOT REVEAL THAT A SEXUAL ASSAULT OF THE PATIENT HAS
OCCURRED. INDEPENDENT DUTY HEALTH SERVICE TECHNICIANS (IDHS) SHOULD
ENGAGE THEIR DESIGNATED MEDICAL OFFICER ADVISORS (DMOA) THROUGHOUT
THE PROCESS.
6. EXCEPTIONS TO THE PROVISION OF THE RR OPTION ARE DESCRIBED IN
REF A AND INCLUDE THOSE SITUATIONS IN WHICH THE VICTIM OR OTHER
PERSON WOULD BE IN DANGER OF IMMINENT HARM IF THE INCIDENT WERE NOT
REPORTED TO LAW ENFORCEMENT. THE RR OPTION IS NOT AVAILABLE WHILE
AT SEA ON A CG VESSEL UNLESS THERE IS A CG MEDICAL OFFICER ON
BOARD. THE VICTIM OF AN INCIDENT ABOARD A CG VESSEL CAN HOWEVER
REQUEST RR WHEN ASHORE. RR MAY NOT BE COMPLETELY AVAILABLE IN
LOCATIONS WHERE LOCAL OR STATE LAW REQUIRES LAW ENFORCEMENT
NOTIFICATION.
7. IF EITHER THE VICTIMS COMMAND OR CG INVESTIGATIVE SERVICE (CGIS)
OR OTHER LAW ENFORCEMENT AGENCY LEARNS ABOUT THE ASSAULT FROM A
THIRD PARTY, RR MAY NOT BE AVAILABLE EVEN IF THE VICTIM HAS ALREADY
REQUESTED IT. THIRD PARTY REFERS TO ANY OTHER PERSON WHO PROVIDES
INFORMATION ABOUT THE ASSAULT SUCH AS A ROOM MATE, SHIPMATE OR
RELATIVE OF THE VICTIM. IN SUCH SITUATIONS THE COMMAND WILL REPORT
THE INFORMATION TO CGIS AND CGIS MAY ALSO REPORT THIRD PARTY
REPORTS TO THE COMMAND. DISCLOSURE ALSO COULD BE ORDERED BY A
MILITARY OR CIVILIAN COURT THAT HAS LEARNED ABOUT THE ASSAULT VIA A
THIRD PARTY.
8. WITH THE VICTIMS PERMISSION FORENSIC EVIDENCE RESULTING FROM THE
ASSAULT CAN BE COLLECTED AND PRESERVED FOR UP TO 12 MONTHS AFTER
THE VICTIM ELECTS RR. VICTIMS WHO REPORT UNDER THE RR OPTION CAN AT
ANY TIME CHANGE THEIR REPORTING OPTION TO UNRESTRICTED, WHICH MEANS
THAT CGIS AND THE VICTIMS COMMAND WILL BE NOTIFIED. CGIS WILL THEN
COMMENCE A CRIMINAL INVESTIGATION AND PROCESS ANY FORENSIC EVIDENCE
THAT MAY HAVE BEEN STORED. THE PRIMARY ROLES OF THE CG HCP IN
EVIDENCE COLLECTION WILL NORMALLY BE LIMITED TO PROVIDING FIRST
AIDE, VICTIM SUPPORT, AND ASSISTANCE WITH TRANSPORT TO AN
APPROPRIATE LOCATION FOR A FORENSIC EXAMINATION.
9. A LIMITATION OF THE RR OPTION IS THAT VICTIMS WILL NOT HAVE
ACCESS TO EITHER TEMPORARY OR PERMANENT TRANSFERS AND IN THE CASE
OF ASSAULT BY A CO-WORKER THE VICTIM WOULD HAVE TO CONTINUE TO WORK
IN THE SAME UNIT AS THE ALLEGED OFFENDER. ALSO THE VICTIM WOULD
HAVE NO ACCESS TO POLICE PROTECTION AND NO ACCESS TO MILITARY
PROTECTION ORDERS IF THE ALLEGED OFFENDER IS ALSO AD. ELECTING THE
RR OPTION ALSO ELIMINATES OR DELAYS THE FORMAL CRIMINAL
INVESTIGATION, WHICH MAY ALSO LEAD TO LOSS OF CRUCIAL EVIDENCE
ASSOCIATED WITH THE ALLEGED ASSAULT.
10. THE DECISION TO SELECT RR IS A PERSONAL CHOICE. IF RR IS
SELECTED, THE ALLEGATIONS CANNOT BE INVESTIGATED, THE ALLEGED
OFFENDERS CANNOT THEREBY BE HELD ACCOUNTABLE, AND VICTIMS AND
POTENTIAL FUTURE VICTIMS CANNOT BE PROTECTED. HOWEVER, ALLOWING
CONFIDENTIAL DISCLOSURE FOR SEXUAL ASSAULT VICTIMS IS IN KEEPING
WITH THE CG COMMITMENT TO PUTTING PEOPLE FIRST. SEXUAL ASSAULT IS A
SIGNIFICANTLY UNDER-REPORTED CRIME. THE ULTIMATE GOAL OF THIS
POLICY IS TO ESTABLISH AN ATMOSPHERE THAT WILL ENCOURAGE VICTIMS TO
COME FORWARD, CONFIDENT THAT THE CG WILL PUT THEIR NEEDS FIRST AS
MUCH AS THE LAW ALLOWS.
11. COMMANDING OFFICERS AND OFFICERS-IN-CHARGE SHALL ENSURE THAT
THIS ALCOAST IS GIVEN THE WIDEST POSSIBLE DISSEMINATION AND THAT
ALL UNIT PERSONNEL COMPLY WITH THE PROVISIONS OF REF A.
12. POC: EMPLOYEE ASSISTANCE PROGRAM MANAGER JOHN REIBLING AT (202)
475-5161, JOHN.S.REIBLING(AT)USCG.MIL.
13. INTERNET RELEASE AUTHORIZED.
14. RADM MARK J. TEDESCO, USPHS, DIRECTOR OF HEALTH AND SAFETY,
SENDS.
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