SEXUAL ASSAULT PREVENTION & RESPONSE

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, indecent assault or attempts to commit these acts. 

Sexual assault can occur without regard to gender, spousal relationship or the age of the 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.

1. Call the Sexual Assault Response Coordinator (SARC) at 784-7272/SARC or 031-661-7272 from a cell phone. This hotline is answered 24/7 and is confidential. You can also call the Osan Air Base Operator or Command Post and ask to be connected to the SARC. 

2. It is recommended that you follow these guidelines: 

• Go to a safe location away from the attacker. 
• Call 911 if you are in an emergency situation or need immediate medical attention.
• Do not change clothes, but if you feel you must, bring soiled clothing in a paper bag--not plastic 
• Do not eat or drink anything 
• Do not shower, brush your teeth or use mouthwash 
• Do not take or apply any type of medication to any injuries 
• Do not use the bathroom, but if you must, bring urine in for testing in a plastic or glass container 
• Do not disturb or clean up the crime scene 

3. Go to the 51st Medical Group Emergency Room for medical care and a Sexual Assault Forensic Exam, if you choose. The ER Staff will notify the SARC if you haven't already.

Sexual Assault Reporting

Restricted Reporting Option allows a victim to report a sexual assault without triggering a law enforcement investigation. It is intended to give the victim (survivor) time and control over the release of their information. A Restricted Report also empowers the survivor to make an informed decision about participating in the criminal process. 

Unrestricted Reporting Option will initiate a law enforcement investigation for the sexual assault incident. If a report of sexual assault is made to a commander, first sergeant,  a member of your chain of command, Security Forces, and/or Air Force Office of Special Investigation the report will automatically be an Unrestricted Report.

Who is eligible?

• All Active Duty Military

• DoD Civilians

• Contractors

• Dependents over the age of 18

• Reserve & Guard on orders

Sexual Harassment Reporting

Restricted Reporting Option allows a victim to report sexual harassment without triggering a law enforcement or command investigation. Support services are made available to the victim including Victim’s Counsel, Mental Health, Medical and Chaplain support.

Unrestricted Reporting Option will initiate EO, Unit CC and Installation CC notifications. These notifications only include the name of the member making the report, no other details will be given. EO will contact the member to offer formal or informal reporting and discuss further options. Support services are made available to the victim through the SAPR office. 

Who is eligible?
• Active-Duty Airmen, Guardians, and Reserve Service Members are eligible for Restricted or Unrestricted Reports
• Air National Guard members are eligible when in a federalized status
• Service members who have not filed a Military Equal Opportunity (MEO) complaint with the installation EO office, retain the option to file a Restricted Report for sexual harassment with the SAPR Office
• Pre-existing MEO sexual harassment complainants are eligible to elect an Unrestricted Report of sexual harassment and can request victim advocacy services with the SAPR office

DAF Civilians, Service member dependents, and retirees may be eligible to use EO complaint process for allegations of sexual harassment but are not eligible for Restricted or Unrestricted Reporting or advocacy services through the SAPR office. Below are Service-specific sexual harassment or EO hotlines for appropriate referrals:

• Army: 800-267-9964
• Coast Guard: 888-992-7387
• Marine Corps: 703-784-9371
• Navy: 800-253-0931

Any SARC, SAPR Victim Advocate, Medical or Mental Health Provider can take a Restricted or Unrestricted Report of Sexual Assault or Sexual Harassment.

The Victim's Counsel program began in January 2013 to give victims of sexual assault a voice in the legal system. 
 

The purpose of the VC is to provide legal advice, protect the rights and privacy of victims, and empower victims as they engage with the military justice process. Any information given to the VC attorney or paralegal is CONFIDENTIAL. Your attorney can represent you during interviews, Article 32 hearings, and court martial proceedings.

Victims' Counsel  and Victims' Paralegal team provides legal representation for military sexual assault survivors. A VC must be requested by the victim and/or granted in cases where the person requesting services meets eligibility criteria, or when exceptional circumstances warrant the provision of services.

Victims' Counsel is available to military personnel with both restricted and unrestricted reports.

Who can be represented?

• All active duty Air Force members regardless of a perpetrator's status
• Active duty Air Force adult and minor dependents if the perpetrator is Air Force
• Civilians (only if eligible for legal assistance) if the perpetrator is Air Force All active duty members from another service will be forwarded to the respective branches VCs.

The VC and Paralegal representatives for Osan Air Base can be reached at DSN 784-3290 Cell: 0505-784-3290

Updates to Eligibility for the Catch a Serial Offender (CATCH) Program

Adult sexual assault victims who file, or have already filed, an Unrestricted Report with a DD Form 2910 and the identity of their suspect was not disclosed by the victim or not uncovered by law enforcement to include MCIOs (e.g., third-party report with no suspect identification). 

For Unrestricted Reports, information received via CATCH will not trigger a new investigation unless the victim(s) now agree to participate in the investigation.

Expanded Eligibility to File Restricted Reports and Process for Victims to Decline to Participate in Investigations

Victims covered by DoDI 6495.02, Vol 1 are eligible to file Restricted Reports even if:

They disclosed the sexual assault incident to their commander or to personnel in the chain of command, or

There is an ongoing MCIO investigation into the sexual assault incident initiated by a third party and not due to the victim’s disclosure to law enforcement, or

The MCIO investigation into the sexual assault incident has been closed.  Expanded Eligibility to file a Restricted Report, providing victims did not personally report the sexual assault incident to law enforcement, to include MCIOs, and they did not previously elect to make an Unrestricted Report by signing a DD Form 2910, with a SARC or SAPR VA on the same sexual assault incident -- even if they disclosed the sexual assault incident to their commander or to personnel in the chain of command.

Commanders or Chain of command personnel are still required to report the incident to MCIO

 Non-Participating Victim “Section 540K Declination Letter” for MCIO Investigations

 In MCIO investigations initiated by third-party reports or by command, a victim may submit a “Section 540K Declination Letter” to document his or her decision not to participate in the investigation

The investigation may proceed and can continue without the victim's participation

In situations where a victim’s statement is required to identify the suspect and/or essential to continue the case—the victim's declination to participate may result in the investigation being terminated.

 In cases where a suspect has been identified, military law and policy requires the investigation to continue—despite the victim's wishes

The SAPR office can now provide military members restricted and unrestricted reporting of sexual harassment. The intent is to provide support services for military members who experienced sexual harassment. These services include things like providing a victim advocate for confidential, emotional support. They also include referral services, such as: Victim’s Counsel, Mental Health, Medical and Chaplain support. This new addition for our SAPR professionals does not eliminate or replace the Equal Opportunity office's very important role for military member’s ability to make a formal or informal report of sexual harassment but works along side EO to provide support to victims. The SAPR Office’s role of taking a restricted or unrestricted report is simply to provide support agency referrals and victim advocacy to help the military member cope with the aftermath of being sexually harassed.  

Safe to Report guidance was issued to provide victims of sexual assault the ability to safely report their assault without fear of punitive or administrative action associated with minor misconduct surrounding the sexual assault incident. An example of minor misconduct is underage drinking at the time of the sexual assault.

Retention period or storage period for restricted report SAFE kits from 5 years to 10 years.  Meaning a restricted report victim who had a SAFE kit done will now have 10 years to convert to unrestricted with SAFE kit evidence to support their case.

The return of a victim’s personal property (example: necklace) collected during a Sexual Assault forensic Exam (SAFE) for Restricted Reports are outlined.

Includes utilizing the new DD Form 2910-3, “Return of Victim’s Personal Property in Restricted Sexual Assault Cases.