2015

Sexual Assault in the Military

GUIDE TO JUDICIAL PROCESS IN LOUISIANA
LINDSEY MILLER

Definitions
SARC/VA: Sexual Assault Response Coordinator (also referred to SHARP in the US Army) serves
as the single point of contact for coordinating the care and resources for sexual assault victims
on any major DoD military installations. The SARC also works with VA Specialists (Victims
Advocate) and will usually assign one to each victims case.

Unrestricted Reporting: This option allows victims of sexual assault to launch an official
investigation of the crime, while also receiving medical treatment, SARC/SHARP Specialist and
VA/SHARP Specialist assistance, legal assistance, and counseling.

How to report: You can report the incident directly to the local SARC/SHARP Specialist
or VA/SHARP Specialist, request healthcare providers to notify law enforcement, contact
law enforcement yourself, or use current reporting channels, e.g., chain of command.

What to expect: The SARC/SHARP Specialist will immediately assign you a VA/SHARP
Specialist. You will be advised of your right to access to legal assistance that is separate
from prosecution resources. At the victim's discretion/request, the healthcare provider
shall conduct a sexual assault forensic examination (SAFE), which may include the
collection of evidence.

Restricted Reporting: This option allows victims to disclose the sexual assault without
triggering an official investigation AND receive medical treatment, advocacy services, legal
assistance, and counseling.

How to report: Contact your local SARC/SHARP Specialist, VA/SHARP Specialist, or

healthcare provider. *Disclosing with a chaplain is not an official report, however it is
privileged

What to expect: You will be able to receive medical attention, and SAPR
resources. Your commander will be informed that an assault occurred, with
enough details to react to any security issues, but will not be given your identity,
or enough information to infer it.
* You may also contact your chain of command or law enforcement (military or
civilian); however, if you choose to do so, an investigation will occur, and you
will not be able to later choose a restricted report.

Current System (Active Duty)

Report

Seek medical care as soon as possible

Choose method of report (Unrestricted or Restricted)
Contact your SARC by texting your location to 55-247

Either way you report, you will have access to the military
resources through your SARC and VA Specialist

Care

Investigation

Legal

For unrestricted, the corresponding Military Investigation

Organization will complete the investigation.
The results are then sent to the Staff Judge Advocate
General (of the accused)

The commander of the accused decides whether to

convene a court-martial.
If he chooses not to and the prosecutor disagrees, a civilian
review will occur
All victims have a right to seperate legal representation to
advise you on your rights.

National Guard
As the members of the National Guard are not active duty, the
procedures following a report of sexual misconduct differ from other branches
of the military.
- Members of the National Guard attend drill one weekend a month and a
two week training period each year.
- There are three types of duty for guard members. These include:
o State Active Duty (SAD)
The Governor can activate National Guard members in
response to a natural or man-made disasters.
Soldiers and Airmen remain under command of Governor
o Title 32 Full-Time National Guard Duty
This duty refers to training or other duty, other than inactive
duty.
This provides Governor with ability to place soldiers on fulltime status under the control of the State, but funded by
Federal dollars.
Used after 9/11 and Hurricane Katrina
o Title 10 Active-Duty
This duty means full-time duty in active military service.
When guard members are deployed.
-

Current System (National Guard)

Report

Seek medical care as soon as possible

Choose method of report (Unrestricted or Restricted)
Contact your SARC by texting your location to 55-247

Either way you report, you will have access to the military resources
through your SARC and VA Specialist

Care

Investigation

Legal

If the perpetrator was in Title 10 status, the matter will be refered to the
Military Criminal Investigation Organization
If the perpetrator was in Title 32 status, the matter will be refered to the
appropriate civilan law enforcement entity.

If the matter is sent to MCIO, the matter stays in military jurisdiction and
will be sent to the commander of the accused after the investigation is
complete.
The commander of the accused decides whether to convene a courtmartial.
If he chooses not to and the prosecutor disagrees, a civilian review will
occur
If the perpetrator was in Title 32 status, the matter will remain in civilian
jurisdiction through legal action.

Care
Victim Advocates provide direct support to victims after they report an incident.
They can be relied upon to provide the following services.
- Crisis Intervention
- Information on medical and counseling services
- Referrals to health and wellness providers
- Ongoing non-clinical support
- Policy/Process Guidance
- Victim support through investigations and court proceedings
- Assistance on the DD Form 2910, Victim Preference Statement, and other
Reporting Options for which the victim is eligible
- Help for as long as the victim requires it

Victims Rights
-

All victims have a right to separate legal representation to advise you on

your rights.
Retaliation against a victim is a now a crime, report any such behavior
You can challenge if you are discharged or separated from the military
You have a formal right to request for a military or civilian court
proceedings

Jurisdiction
In several cases, jurisdictional lines can be confusing. Below are the traditional
jurisdiction determinations.
- Active Duty
o Across Services: A joint investigation is completed with each
Services crime investigation agency conducting their own
complimentary investigations tasks. A final report will be created
and given to the appropriate commanding officer.
o Includes civilians: The Military Criminal Investigation Organization will
be involved in any case that involves a military victims or an
accused military perpetrator. The MCIO will conduct a joint
investigation with the civilian police authorities. Each will complete
complementary tasks to prepare a final report to present to the
judicial authority (military or civilian).
- National Guard or Reserve
o As stated above, unless a guard member is in Title 10 (active-duty)
status, the civilian courts will have jurisdiction. Guard Commanders
have within 24 to 48 hours to report an incident to local police
authorities.

Louisiana Contacts
Find the contact information for your SARC by texting your location to 55247 (available 24/7).
SARCs and Military Police are available 24/7 through Phone 1 number.
Judge Advocate Generals are available only during duty hours.

US Air Force
Name

Title

Phone 1

Phone 2

Barksdale AFB

SARC
JAG
Military Police

(318) 456-7272
(318) 456-2562
(318) 456-2551

(318) 456-6836

Name

Title

Phone 1

Phone 2

Fort Polk

SARC
JAG

337-531-1788

Military Police
SARC/VA
SARC

(337) 531-1848
(337) 531-1943
ext. 6783
(337) 531-2677
(803) 724-0262
(502) 472-6857

Name

Title

Phone 1

Phone 2

D-8 New Orleans

SARC
JAG
Military Police

(504) 202-2367
(504) 671-2331
(504) 329-1969

(504) 253-4709

Name

Title

Phone 1

Phone 2

MARFORRES (Reserves)

Helpline
Victims Legal Counsel
SARC

(1-877) 432-2215
(703) 784-4514
(843) 228-3599

SARC

(843) 228-3599

US Army

LA Reserve
LA Recruiting Offices

US Coast Guard

US Marines

LA Officer Selection
Offices
LA Recruiting Stations

LA National Guard
Name

Title

Phone 1

Phone 2

LA National Guard

SARC
Special Victims Counsel

(225) 329-8254
(501) 416-1537

(504) 278-8044
(512) 420-7352

Name

Title

Phone 1

Phone 2

Naval Air Station JRB N.O

SARC
Military Police
Victims Legal Counsel
SARC

(504) 329-3476
(504) 678-3827
(228) 871-2909
(318) 402-2273

(504) 373-0980

US Navy

NOSB Shreveport

(850) 281-6238

Military Sexual Assault Resources

Military Resources
DoD
Name

Mode

Safe Helpline

Phone
(877) 995-5247
Online
https://www.safehelpline.org
Chatroom for survivors https://www.safehelpline.org/aboutsafe-helproom

Safe HelpRoom

Contact

Veterans Affairs

N.O. Regional Benefit

Office

Name

Title

Phone

Email

Cynthia Marquez

Military Sexual Trauma

Coordinator
Military Sexual Trauma
Coordinator

(800) 827-1000

Cynthia.Marquez@va.gov

(800) 827-1000

Joe.Sinceno@va.gov

Joseph Sinceno

Independent Resources
Protect Our
Defenders
Name

Description

Contact

Peer-to-Peer Support

Connect with fellow

survivors
Free legal aid
Call-to-action
network

http://www.protectourdefenders.com

Pro-Bono Legal Network

POD Defenders League

SWAN
Name

Description

Contact

Service Womens
Action Network

List of national
resources

http://servicewomen.org/supportservices/

Recent Legislation Changes

In recent years, the military has seen massive overhaul in how it handles
sexual assault. For the 2014 and 2015 fiscal years, President Obama signed the
annual National Defense Authorization Act that included major policy changes
to reform sexual assault cases. These changes include:
-

Increasing victims rights

o Allows victims formal input into what court their case will be tried in
(military or civilian)
o Allows survivors to challenge if they are medically discharged or
separated from the service due to their assault
o Extends protection to Military Service Academies
o Creates the Victims Legal Counsel for each branch. These JAGs
are specifically represent the victim, are separate from the
prosecution, and can argue on the victims behalf in court.
o Gives insurance coverage to victims for abortions in cases or rape
or incest for female service members and family members.
o Eliminates the statute of limitations for sexual offense cases.
o Eliminates the good solider defense for defendants

Increasing consequences for perpetrators

o Mandates dishonorable discharge from military for all offenders
convicted of sexual assault.
o Criminalizes retaliation against a victim of sexual assault

Decreases commanders power

o Strips commanders right to overturn a conviction.
o Creates new standards to oversee actions and hold commanders
accountable.
o Requires a civilian review in cases where commanders decline
prosecution in a sexual assault case when the prosecutor does
want to go to trial.
o Requires sexual assault prevention training in pre-command and
command training courses.

Future Legislation
While great improvements have been made, there are still future policy
changes that could greater benefit all victims of sexual assault in the military,
and in the civilian sphere.

Military Track Register and Alert Communities (TRAC) Act

Currently, while all sexual offenders convicted in the military justice system
are expected to register themselves with the civilian sexual offenders list, there is
no oversight into ensuring that they do so. This is vastly different from the civilian
justice system where offenders are required to do so before they leave prison.
This allows many military sex offenders to simply not register themselves. Due to
the notorious problems with communicating between military and civilian
spheres, these offenders are not noticed until they commit the same crime
again as a civilian.
This act would require the DoD to create a military sexual offender list,
require all prisoners to enroll before release, and make the list available to the
public through their website. It would also improve communication between
military and civilian law enforcement agencies.
The bill was introduced to the House on Feb. 12th, 2015. As of June 25th,
2015, it has not passed through committee review.

Military Justice Improvement Act (MJIA)

In the current military justice system, when the Military Investigation
Organization (e.g. NCIS) has completed their investigation, the report is passed
on to the Staff Judge Advocate General (of the accuseds chain-of-command).
The Staff JAG then briefs the accuseds commander who hold the power to
convene a court-martial in bring the case to prosecution. Due to recent
changes in legislation, if the prosecution disagrees with the commanders
decision not to prosecute, a civilian review will be called.
The unfortunate problem is that as often the commanders out-rank the
prosecution, there is fear to formally protest their actions in fear of retaliation. In
the military, your commander holds complete power over your future in the
military, and every member knows not to cross them or risk your entire career.

Also, due to the information being disclosed to commanders, with identify

for unrestricted or without identity for restricted, there is greater risk of retaliation,
because information quickly leaks back to the general knowledge of the group.
The ris*k of retaliation is also great because often, the attacker is within the
victims group or even within their chain-of-command itself.
The MJIA seeks to remove the power of court-martial completely from
within the chain-of-command. Instead, after the Military Investigation
Organization has completed the investigation, the report will be sent to an
independent JAG prosecutor. If the prosecutor decides to peruse the case, an
O-6 General or Captain (Navy) will be assigned to convene the court-martial.
There are many who favor this proposed new system, however many in
the military fear that it will take too much control from the commanders. The
commanders role is to maintain control and order over his/her troops, and
those opposed feel that this will completely strip them of that control and be
rendered useless. However all crimes uniquely military in nature, such as Absent
Without Official Leave (AWOL), will remain under the jurisdiction of the
commander.
The MJIA has now been blocked twice in Congress. The first time, in 2013,
a filibuster blocked it from proceeding to a floor vote by only five votes. In 2013 it
failed again. In June of 2015, an amendment to the National Defense
Authorization Act of 2016 that would include key parts of MJIA also failed.
Members of both sides continue to fight for future reforms.

Room for Improvement

Currently, the rate of reporting are increasing, and the rate of sexual
misconduct is decreasing, however there is still vast room for improvement.
-

Victims still mistrust the system

62% of victims face retaliation
19,000 service members still experienced sexual misconduct in 2014
Confidentiality is not kept
Commanders potentially hold a bias, and are not an impartial authority

The Big Question: Will victims ever truly trust the system if the decision is in
the hands of the accuseds commander?