FREQUENTLY ASKED QUESTIONS
Q. What is sexual assault?
Sexual Assault is defined as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (to include unwanted and inappropriate sexual contact), or attempts to commit these acts. "Consent" means words or overt acts indicating a feely given agreement to sexual conduct at issues by a competent person. An expression of lack or lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent.
Q. Does digital (finger) penetration constitute sexual assault?
Yes, digital penetration meets the definition of sexual assault.
Q. What constitutes consent?
A freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is not consent. Lack of verbal or physical resistance or submission resulting from the use of force, treat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by its self or the manner of dress of the person involved with the accused in the conduct at issues shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent.
Q. Who does the SAPR program cover?
The SAPR program applies to military victims sexually assaulted in an non-domestic situation (e.g.: a Marine sexual assault by service member, friend, civilian, or stranger). Marines assaulted by someone they have a domestic relationship with (e.g. spouse, father/mother of their child, live in boyfriend/girlfriend) are not covered under the SAPR program. The domestic violence sexual assault victim is covered under Family Advocacy Program's domestic violence policy. A victim Advocate can explain the domestic violence sexual assault policy and the program protections.
Q. What will the command do about my misconduct?
If, as a victim, you are engaged in prohibited conduct (e.g. underage drinking, out of bounds, off limit establishment, fraternization, or adultery) prior to the sexual assault, the command will decide whether to bring disciplinary actions on the misconduct. Your commander has compete discretion in addressing violations of established rules and orders within the unit. However, the SARC will advise the commander of the Commandant White Letter dated 29 April 2005. The White Letter advises commanders to consider delaying addressing a victim's collateral misconduct. Commanders are encouraged to wait until the sexual assault investigation is completed before holding a victim accountable for their misconduct. However, a commander can choose to address the victim's misconduct at any point in the process.
Q. How do I report?
There are several ways to make an initial report of a sexual assault. Depending on whether you choose to make a Restricted or Unrestricted report, you will have reporting options. Under restricted reporting, you can make a report confidentially to a civilian or uniformed SAPR Victim Advocate, Sexual Assault Response Coordinator (SARC), Military Healthcare personnel, Counselor, or Chaplain. In unrestricted reporting, you may report to any command personnel, Provost Marshall Office (PMO), Naval Criminal Investigative Services (NCIS), SARC, Chaplain, or a healthcare provider.