DoD Directive 6495.01, "Sexual Assault Prevention and Response

Department of Defense

DIRECTIVE

NUMBER 6495.01

January 23, 2012

Incorporating Change 5, November 10, 2021

USD(P&R)

SUBJECT: Sexual Assault Prevention and Response (SAPR) Program

References: See Enclosure 1

1. PURPOSE. This Directive reissues DoD Directive (DoDD) 6495.01 (Reference (a)),

pursuant to section 113 of Title 10, United States Code (U.S.C.) (Reference (b)), to implement

DoD policy and assign responsibilities for the SAPR Program on prevention, response, and

oversight to sexual assault.

2. APPLICABILITY. This Directive:

a. Applies to:

(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of

Staff and the Joint Staff, the Combatant Commands, the Inspector General of the DoD (IG DoD),

the Defense Agencies, the DoD Field Activities, and all other organizational entities within the

DoD (hereafter referred to collectively as the “DoD Components”).

(2) National Guard and Reserve Component members who are sexually assaulted when

performing active service, as defined in section 101(d)(3) of Reference (b), and inactive duty

training. Refer to Volume 1 of DoD Instruction (DoDI) 6495.02 (Reference (c)) for additional

SAPR and healthcare services provided to such personnel and eligibility criteria for Restricted

Reporting.

(3) Military dependents 18 years of age and older who are eligible for treatment in the

military healthcare system, at installations in the continental United States and outside of the

continental United States (OCONUS), and who were victims of sexual assault perpetrated by

someone other than a spouse or intimate partner.

(4) The following non-military personnel who are only eligible for LIMITED healthcare

(medical and mental health) services in the form of emergency care (see Glossary), unless

otherwise eligible to receive treatment in a military medical treatment facility. They will also be

offered the LIMITED SAPR services of a Sexual Assault Response Coordinator (SARC) and a

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SAPR Victim Advocate (VA) while undergoing emergency care OCONUS. Refer to Volume 1

of Reference (c) for any additional SAPR and healthcare services provided. These limited

healthcare and SAPR services shall be provided to:

(a) DoD civilian employees and their family dependents 18 years of age and older

when they are stationed or performing duties OCONUS and eligible for treatment in the military

healthcare system at military installations or facilities OCONUS. Refer to Volume 1 of

Reference (c) for reporting options available to DoD civilians and their family dependents 18

years of age and older.

(b) U.S. citizen DoD contractor personnel when they are authorized to accompany

the Armed Forces in a contingency operation OCONUS and their U.S. citizen employees (See

DoDI 3020.41 (Reference (d))). Refer to Volume 1 of Reference (c) for reporting options

available to DoD contractors.

(5) Service members who are on active duty but were victims of sexual assault prior to

enlistment or commissioning. They are eligible to receive full SAPR services and either

reporting option.

b. Does not apply to victims of sexual assault perpetrated by a spouse or intimate partner, or

military dependents under the age of 18 who are sexually assaulted. The Family Advocacy

Program (FAP), as described in DoDI 6400.06 (Reference (e)), provides the full range of

services to victims of domestic abuse or domestic violence, and to military dependents under the

age of 18 who are sexually assaulted.

c. Supersedes all policy and regulatory guidance within the DoD not expressly mandated by

law that is inconsistent with its provisions, or that would preclude execution.

3. DEFINITIONS. See Glossary.

4. POLICY. It is DoD policy that:

a. This Directive and Reference (c) implement the DoD SAPR policy.

b. The DoD goal is a culture free of sexual assault, through an environment of prevention,

education and training, response capability (defined in Reference (c)), victim support, reporting

procedures, and appropriate accountability that enhances the safety and well being of all persons

covered by this Directive and Reference (c).

c. The SAPR Program shall:

(1) Focus on the victim and on doing what is necessary and appropriate to support victim

recovery, and also, if a Service member, to support that Service member to be fully mission

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capable and engaged. The SAPR Program shall provide care that is gender-responsive,

culturally-competent, and recovery-oriented (see Glossary).

(2) NOT provide policy for legal processes within the responsibility of the Judge

Advocates General of the Military Departments provided in Chapter 47 of Reference (b) and the

Manual for Courts-Martial (Reference (f)) or for criminal investigative matters assigned to the

IG DoD.

d. Standardized SAPR requirements, terminology, guidelines, protocols, and guidelines for

instructional materials shall focus on awareness, prevention, and response at all levels as

appropriate.

e. The terms “Sexual Assault Response Coordinator (SARC)” and “SAPR Victim Advocate

(VA),” as defined in this Directive and Volume 1 of Reference (c), shall be used as standard

terms throughout the DoD to facilitate communications and transparency regarding SAPR

capacity. For further information regarding SARC and SAPR VA roles and responsibilities, see

Reference (c).

(1) SARC. The SARC shall serve as the SINGLE POINT OF CONTACT for

coordinating appropriate and responsive care for sexual assault victims. SARCs shall coordinate

sexual assault victim care and sexual assault response when a sexual assault is reported. The

SARC shall supervise SAPR VAs, but may be called on to perform victim advocacy duties.

(2) SAPR VA. The SAPR VA shall provide non-clinical crisis intervention and on-

going support, in addition to referrals for adult sexual assault victims. Support will include

providing information on available options and resources to victims.

f. Command sexual assault awareness and prevention programs, as well as law enforcement

and criminal justice procedures that enable persons to be held accountable for their actions, as

appropriate, shall be established and supported by all commanders.

g. An immediate, trained sexual assault response capability (defined in Reference (c)) shall

be available for each report of sexual assault in all locations, including in deployed locations.

The response time may be affected by operational necessities, but will reflect that sexual assault

victims shall be treated as emergency cases.

h. Victims of sexual assault shall be protected from coercion, retaliation, and reprisal in

accordance with DoDD 7050.06 (Reference (g)).

i. Victims of sexual assault shall be protected, treated with dignity and respect, and shall

receive timely access to comprehensive healthcare (medical and mental health) treatment,

including emergency care treatment and services, as described in this Directive and Volume 1 of

Reference (c).

j. Emergency care shall consist of emergency healthcare and the offer of a sexual assault

forensic examination (SAFE) consistent with DoDI 6310.09 (Reference (h)) and refer to DD

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Form 2911, “DoD Sexual Assault Medical Forensic Examination Report” and accompanying

instructions. The victim shall be advised that even if a SAFE is declined, the victim is

encouraged (but not mandated) to receive medical care, psychological care, and victim advocacy.

(1) Sexual assault patients shall be given priority, and shall be treated as emergency

cases. A sexual assault victim needs immediate medical intervention to prevent loss of life or

suffering resulting from physical injuries (internal or external), sexually transmitted infections,

pregnancy, and psychological distress. Individuals disclosing a recent sexual assault shall, with

their consent, be quickly transported to the exam site, promptly evaluated, treated for serious

injuries, and then, with the patient’s consent, undergo a SAFE, pursuant to “Victim Centered

Care” of Reference (h) and refer to DD Form 2911 and accompanying instructions.

(2) Sexual assault patients shall be treated as emergency cases, regardless of whether

physical injuries are evident. Patients’ needs shall be assessed for immediate medical or mental

health intervention pursuant to “Victim Centered Care,” and “Triage and Intake” of Reference

(h). Sexual assault victims shall be treated uniformly, consistent with “Victim Centered Care” of

Reference (h) and DD Form 2911 and accompanying instructions, regardless of their behavior

because when severely traumatized, sexual assault patients may appear to be calm, indifferent,

submissive, jocular, angry, emotionally distraught, or even uncooperative or hostile towards

those who are trying to help.

k. Service members and their dependents who are 18 years of age or older covered by this

Directive (see subparagraph 2a.(4) and Reference (c)) who are sexually assaulted have two

reporting options: Unrestricted or Restricted Reporting. Unrestricted Reporting of sexual

assault is favored by the DoD. See Volume 1 of Reference (c) for additional information on the

DoD sexual assault reporting options and exceptions as they apply to Restricted Reporting.

Consult DoDD 5400.11 (Reference (i)) and DoD 6025.18-R (Reference (j)) for protections of

personally identifiable information solicited, collected, maintained, accessed, used, disclosed,

and disposed during the treatment and reporting processes. The two reporting options are as

follows:

(1) Unrestricted Reporting allows an eligible person who is sexually assaulted to access

healthcare and counseling and request an official investigation of the allegation using existing

reporting channels (e.g., chain of command, law enforcement, healthcare personnel, the SARC).

When a sexual assault is reported through Unrestricted Reporting, a SARC shall be notified as

soon as possible, respond, assign a SAPR VA, and offer the victim healthcare and a SAFE.

(2) Restricted Reporting allows sexual assault victims (see eligibility criteria in Volume

1 of Reference (c)) to confidentially disclose the assault to specified individuals (i.e., SARC,

SAPR VA, or healthcare personnel), in accordance with Reference (i), and receive healthcare

treatment, including emergency care, counseling, and assignment of a SARC and SAPR VA,

without triggering an official investigation. The victim’s report to healthcare personnel

(including the information acquired from a SAFE Kit), SARCs, or SAPR VAs will NOT be

reported to law enforcement or to the victim’s command, to initiate the official investigative

process, unless the victim consents or an established EXCEPTION applies in accordance with

Volume 1 of Reference (c), State laws, or federal regulations. When a sexual assault is reported

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through Restricted Reporting, a SARC shall be notified as soon as possible, respond, assign a

SAPR VA, and offer the victim healthcare and a SAFE.

(a) Eligibility for Restricted Reporting. The Restricted Reporting option applies to

Service members and their military dependents 18 years of age and older. For additional persons

who may be entitled to Restricted Reporting, see eligibility criteria in Volume 1 of Reference (c).

(b) DoD Dual Objectives. The DoD is committed to ensuring victims of sexual

assault are protected; treated with dignity and respect; and provided support, advocacy, and care.

The DoD supports effective command awareness and prevention programs. The DoD also

strongly supports applicable law enforcement and criminal justice procedures that enable persons

to be held accountable for sexual assault offenses and criminal dispositions, as appropriate. To

achieve these dual objectives, DoD preference is for Unrestricted Reporting of sexual assaults to

allow for the provision of victims’ services and to pursue accountability. However, Unrestricted

Reporting may represent a barrier for victims to access services, when the victim desires no

command or law enforcement involvement. Consequently, the DoD recognizes a fundamental

need to provide a confidential disclosure vehicle via the Restricted Reporting option.

SAPR VA, or healthcare personnel are designated as authorized to accept a Restricted Report.

(d) SAFE Confidentiality Under Restricted Reporting. A SAFE and its information

shall be afforded the same confidentiality as is afforded victim statements under the Restricted

Reporting option. See Reference (c) for additional information.

(e) Disclosure of Confidential Communications. In cases where a victim elects

Restricted Reporting, the SARC, assigned SAPR VA, and healthcare personnel may not disclose

confidential communications or SAFE Kit information to law enforcement or command

authorities, either within or outside the DoD, EXCEPT as provided in Volume 1 of Reference

(c). In certain situations when information about a sexual assault comes to the commander’s or

law enforcement official’s attention from a source independent of the Restricted Reporting

avenues and an independent investigation is initiated, a SARC, SAPR VA, or healthcare

personnel may NOT disclose confidential communications if obtained under Restricted

Reporting (see exceptions to Restricted Reporting in Volume 1 of Reference (c)). Improper

disclosure of confidential communications protected under Restricted Reporting, improper

release of healthcare information, and other violations of this policy or other laws and

regulations are prohibited and may result in discipline pursuant to the UCMJ, or other adverse

personnel or administrative actions.

l. Victims must be informed of the availability of legal assistance and the right to consult

with a Special Victims’ Counsel (SVC)/Victims’ Legal Counsel (VLC) in accordance with

section 1716 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law (P.L.)

113-66) (Reference (k)).

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m. Enlistment or commissioning of personnel in the Military Services shall be prohibited

and no waivers are allowed when the person has a qualifying conviction (see Glossary) for a

crime of sexual assault.

n. The focus of this Directive and Reference (c) is on the victim of sexual assault. The DoD

shall provide support to an active duty Service member regardless of when or where the sexual

assault took place.

5. RESPONSIBILITIES. See Enclosure 2.

6. INFORMATION COLLECTIONS.

a. The sexual assault reporting requirements in this Directive have been assigned Report

Control Symbol (RCS) DD-P&R(A) 2205 in accordance with Volume 1 of DoD Manual 8910.0

(Reference (l)).

b. The Defense Sexual Assault Incident Database (DSAID) information collection referred

to in paragraphs 1f, 6l, 6n, and 6o of Enclosure 2 of this directive is submitted to Congress in

accordance with sections 561, 562, and 563 of P.L.110-417 (Reference (m)) and is coordinated

with the Assistant Secretary of Defense for Legislative Affairs in accordance with the procedure

in DoD Instruction 5545.02 (Reference (n)).

7. RELEASABILITY. Cleared for public release. This Directive is available on the DoD

Issuances Website at https://www.esd.whs.mil/DD/.

8. SUMMARY OF CHANGE 5. The changes to this issuance are administrative and update

references for accuracy.

9. EFFECTIVE DATE. This Directive is effective January 23, 2012.

Ashton B. Carter

Deputy Secretary of Defense

Enclosures

1. References

2. Responsibilities

Glossary

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ENCLOSURE 1

REFERENCES

(a) DoD Directive 6495.01, “Sexual Assault Prevention and Response (SAPR) Program,”

October 6, 2005 (hereby cancelled)

(b) Sections 101(d)(3) and 113, chapter 47,

and chapter 80 of Title 10, United States Code

volume

(d) DoD Instruction 3020.41, “Operational Contract Support (OCS),” December 20, 2011, as

amended

(e) DoD Instruction 6400.06, “Domestic Abuse Involving DoD Military and Certain Affiliated

Personnel,” August 21, 2007, as amended

(f) U.S. Department of Defense, “Manual for Courts-Martial,” 2012

(g) DoD Directive 7050.06, “Military Whistleblower Protection,” April 17, 2015

(h) DoD Instruction 6310.09, “Health Care Management for Patients Associated with a Sexual

Assault,” May 7, 2019

(i) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014

(j) DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003

(k) Public Law 113-66, “The National Defense Authorization Act for Fiscal Year 2014,”

December 2013

(l) DoD Manual 8910.01, Volume 1 “DoD Information Collections Manual: Procedures for

DoD Internal Information Collections,” June 30, 2014, as amended

(m) Public Law 110-417, “The Duncan Hunter National Defense Authorization Act for Fiscal

Year 2009,” October 14, 2008

(n) DoD Instruction 5545.02, “DoD Policy for Congressional Authorization and

Appropriations Reporting Requirement,” December 19, 2008

(o) DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness

(USD(P&R)),” June 23, 2008

(p) DoD Instruction 6400.09, “DoD Policy on Integrated Primary Prevention of Self-Directed

Harm or Prohibited Abuse and Harm,” September 11, 2020

(q) Section 577 of Public Law 108-375, “Ronald Reagan National Defense Authorization Act

for Fiscal Year 2005,” October 28, 2004

(r) Section 567(c) of Public Law 111-84, “The National Defense Authorization Act for Fiscal

Year 2010,” October 28, 2009

(s) Title 32, United States Code

(t) Office of the Chairman of the Joint Chiefs of Staff, "DoD Dictionary of Military and

Associated Terms," current edition

(u) Public Law 112-81, “National Defense Authorization Act for Fiscal Year 2012,””

December 31, 2011

Chapter 47 is also known and referred to in this Directive as “The Uniform Code of Military Justice (UCMJ)”.

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ENCLOSURE 2

RESPONSIBILITIES

1. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS

(USD(P&R)). In accordance with the authority in DoDD 5124.02 (Reference (o)), the

USD(P&R) shall:

a. Develop overall policy and provide oversight for the DoD SAPR Program, except legal

processes in the UCMJ and criminal investigative matters assigned to the Judge Advocates

General of the Military Departments, the Staff Judge Advocate to the Commandant of the

Marine Corps, and IG DoD, respectively.

b. Develop strategic program guidance, joint planning objectives, standard terminology, and

identify legislative changes needed to ensure the future availability of resources in support of

DoD SAPR policies.

c. Develop metrics to measure compliance and effectiveness of SAPR training, awareness,

prevention, and response policies and programs. Analyze data and make recommendations

regarding the SAPR policies and programs to the Secretaries of the Military Departments.

d. Monitor compliance with this Directive and Reference (c), and coordinate with the

Secretaries of the Military Departments regarding Service SAPR policies.

e. Collaborate with Federal and State agencies that address SAPR issues and serve as liaison

to them as appropriate. Strengthen collaboration on sexual assault policy matters with U.S.

Department of Veterans Affairs on the issues of providing high quality and accessible health care

and benefits to victims of sexual assault.

f. Oversee the DoD Sexual Assault Prevention and Response Office (SAPRO). Serving as

the DoD single point of authority, accountability, and oversight for the SAPR program, SAPRO

provides recommendations to the USD(P&R) on the issue of DoD sexual assault policy matters

on prevention, response, and oversight. The SAPRO Director will be appointed from among

general or flag officers of the Military Services or DoD employees in a comparable Senior

Executive Service position in accordance with P.L. 112-81 (Reference (u)). The SAPRO

Director is responsible for:

(1) Implementing and monitoring compliance with DoD sexual assault policy on

prevention and response, except for legal processes in the UCMJ and Reference (f), and criminal

investigative matters assigned to the Judge Advocate General of the Military Departments, the

Staff Judge Advocate to the Commandant of the Marine Corps, and IG DoD, respectively.

(2) Providing technical assistance to the Heads of the DoD Components in addressing

matters concerning SAPR.

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(3) Acquiring quarterly and annual SAPR data from the Military Services, assembling

annual congressional reports involving persons covered by this Directive and Reference (c), and

consulting with and relying on the Judge Advocate General of the Military Departments and the

Staff Judge Advocate to the Commandant of the Marine Corps in questions concerning

disposition results of sexual assault cases in their respective departments.

(4) Establishing reporting categories and monitor specific goals included in the annual

SAPR assessments of each Military Service, in their respective departments.

(5) Overseeing the creation, implementation, maintenance, and function of the DSAID,

an integrated database that will meet congressional reporting requirements, support Service

SAPR Program management, and inform DoD SAPRO oversight activities.

(6) Overseeing development of strategic program guidance and joint planning objectives

for resources in support of the SAPR Program, and making recommendations on modifications

to policy, law, and regulations needed to ensure the continuing availability of such resources

(Reference (k)).

2. ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS (ASD(HA)). The

ASD(HA), under the authority, direction, and control of the USD(P&R), shall advise the

USD(P&R) on DoD sexual assault healthcare policies, clinical practice guidelines, related

procedures, and standards governing DoD healthcare programs for victims of sexual assault.

The ASD(HA) shall direct that all sexual assault patients be given priority, so that they shall be

treated as emergency cases.

3. DIRECTOR, DEPARTMENT OF DEFENSE HUMAN RESOURCES ACTIVITY

(DoDHRA). The Director of DoDHRA, under the authority, direction, and control of

USD(P&R), shall provide operational support to the USD(P&R) as outlined in paragraph 1.f. of

this enclosure.

4. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC DoD). The GC DoD,

shall provide legal advice and assistance on all legal matters, including the review and

coordination of all proposed issuances and exceptions to policy and the review of all legislative

proposals, affecting mission and responsibilities of the DoD SAPRO.

5. IG DoD. The IG DoD shall:

a. Develop and oversee the promulgation of criminal investigative and law enforcement

policy regarding sexual assault and establish guidelines for the collection and preservation of

evidence with non-identifiable personal information on the victim, for the Restricted Reporting

process, in coordination with the ASD(HA).

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b. Oversee criminal investigations of sexual assault conducted by the DoD Components.

c. Collaborate with the DoD SAPRO in the development of investigative policy in support of

sexual assault prevention and response.

6. SECRETARIES OF THE MILITARY DEPARTMENTS. The Secretaries of the Military

Departments shall:

a. Establish departmental policies and procedures to implement the SAPR Program

consistent with the provisions of this Directive and Reference (c), to include the military

academies within their cognizance; monitor departmental compliance with this Directive and

Reference (c).

b. Coordinate all Military Service SAPR policy changes with the USD(P&R).

c. In coordination with the USD(P&R), implement recommendations regarding Military

Service compliance and effectiveness of SAPR training, awareness, prevention, and response

policies and programs.

d. Align Service SAPR strategic plans with the DoD SAPR Strategic Plan.

e. Align Service prevention strategies with the DoDI 6400.09(Reference (p)).

f. Require commanders to ensure that healthcare (including emergency care) and SAPR

services are provided to victims of sexual assaults in a timely manner unless declined by the

victim.

g. Utilize the terms “Sexual Assault Response Coordinator (SARC)” and “SAPR Victim

Advocate (VA),” as defined in this Directive and Volume 1 of Reference (c), as standard terms

to facilitate communications and transparency regarding sexual assault response capacity.

h. Establish the position of the SARC to serve as the SINGLE POINT OF CONTACT for

ensuring that sexual assault victims receive appropriate and responsive care. The SARC should

be a Service member, DoD civilian employee, or National Guard technician.

i. Provide program-appropriate resources to enable the Combatant Commanders to achieve

compliance with the policies set forth in this Directive and Reference (c).

j. Establish and codify Service SAPR Program support to Combatant Commands and

Defense Agencies, either as a host activity or in a deployed environment.

k. Provide SAPR Program and obligation data to the USD(P&R), as required.

l. Submit required data to DSAID. Require confirmation that a multi-disciplinary case

management group (CMG) tracks each open Unrestricted Report, is chaired by the installation

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commander (or the deputy installation commander), and that CMG meetings are held monthly

for reviewing all Unrestricted Reports of sexual assaults in accordance with Reference (c).

m. Provide annual reports of sexual assaults involving persons covered by this Directive and

Reference (c) to the DoD SAPRO for consolidation into the annual report to Congress in

accordance with section 577 of P.L. 108-375 (Reference (q)).

n. Provide data connectivity, or other means, to authorized users to ensure all sexual assaults

reported in theater and other joint environments are incorporated into the DSAID, or authorized

interfacing systems for the documentation of reports of sexual assault, as required by section 563

of Reference (m).

o. Ensure that Service data systems used to report case-level sexual assault information into

the DSAID are compliant with DoD data reporting requirements, pursuant to section 563 of

Reference (m).

p. Require extensive, continuing in-depth SAPR training for DoD personnel and specialized

SAPR training for commanders, senior enlisted leaders, SARCs, SAPR VAs, investigators, law

enforcement officials, chaplains, healthcare personnel, and legal personnel in accordance with

the requirements in Reference (c).

q. Require the installation SARC and the installation FAP staff to coordinate together when

a sexual assault occurs as a result of domestic abuse or domestic violence or involves child abuse

to ensure the victim is directed to FAP.

r. Oversee sexual assault training within the DoD law enforcement community.

s. Direct that Service military criminal investigative organizations require their investigative

units to communicate with their servicing SARC and participate with the multi-disciplinary

CMG, in accordance with this Directive and Reference (c).

t. Provide commanders with procedures that:

(1) Establish guidance for when a Military Protective Order (MPO) has been issued, that

the Service member who is protected by the order is informed, in a timely manner, of the

member’s option to request transfer from the command to which that member is assigned in

accordance with section 567(c) of Law P.L. 111-84 (Reference (r)).

(2) Ensure that the appropriate civilian authorities shall be notified of the issuance of a

MPO and of the individuals involved in the order, when an MPO has been issued against a

Service member or when any individual addressed in the MPO does not reside on a military

installation at any time when an MPO is in effect. An MPO issued by a military commander

shall remain in effect until such time as the commander terminates the order or issues a

replacement order. (See section 561 of Reference (m).) The issuing commander also shall

notify the appropriate civilian authorities of any change made in a protective order covered by

chapter 80 of Reference (b), and the termination of the protective order.

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(3) Ensure that the person seeking the MPO shall be advised that the MPO is not

enforceable by civilian authorities off base and that victims desiring protection off base are

advised to seek a civilian protective order. (See section 561 of Reference (m) and section 567 of

Reference (r)).

7. CHIEF, NATIONAL GUARD BUREAU (NGB). On behalf and with the approval of the

Secretaries of the Army and Air Force, and in coordination with DoD SAPRO and the State

Adjutants General, the Chief, NGB establishes and implements SAPR policy and procedures for

National Guard members on duty pursuant to Title 32, U.S.C. (Reference (s)).

8. CHAIRMAN OF THE JOINT CHIEFS OF STAFF. The Chairman of the Joint Chiefs of

Staff shall:

a. Assess SAPR as part of the overall force planning function of any force deployment

decision, and periodically reassess the SAPR posture of deployed forces.

b. Monitor implementation of this Directive, Reference (c), and implementing instructions,

including during military operations.

c. Utilize the terms “Sexual Assault Response Coordinator (SARC)” and “SAPR Victim

Advocate (VA),” as defined in this Directive and Volume 1 of Reference (c), as standard terms

to facilitate communications and transparency regarding sexual assault response capacity.

d. Review relevant documents, including the Combatant Commanders’ joint plans,

operational plans, concept plans, and deployment orders, to ensure they identify and include

SAPR Program requirements.

9. COMMANDERS OF THE COMBATANT COMMANDS. The Commanders of the

Combatant Commands, in coordination with the other Heads of the DoD Components and

through the Chairman of the Joint Chiefs of Staff, shall:

a. Establish policies and procedures to implement the SAPR Program and oversee

compliance with this Directive and Reference (c) within their areas of responsibility and during

military operations.

b. Formally document agreements with installation host Service commanders, component

theater commanders, or other heads of another agency or organization, for investigative, legal,

healthcare, counseling, or other response support provided to incidents of sexual assault.

c. Direct that relevant documents are drafted, including joint operational plans and

deployment orders, that establish theater-level requirements for the prevention of and response to

incidents of sexual assault that occur, to include during the time of military operations.

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d. Require that sexual assault response capability information be provided to all persons

within their area of responsibility covered by this Directive and Reference (c), to include

reporting options and SAPR services available at deployed locations and how to access these

options.

e. Ensure that healthcare (including emergency care) and SAPR services are provided to

victims of sexual assaults in a timely manner unless declined by the victim.

f. Direct subordinate commanders coordinate relationships and agreements for host or

installation support at forward-deployed locations to ensure a sexual assault response capability

is available to members of their command and persons covered by this Directive and Reference

g. Direct that sexual assault incidents are given priority so that they shall be treated as

emergency cases.

h. Direct subordinate commanders provide all personnel with procedures to report sexual

assaults.

i. Require subordinate commanders at all levels to monitor the command climate with

respect to SAPR, and take appropriate steps to address problems.

j. Require that SAPR training for DoD personnel and specialized training for commanders,

senior enlisted leaders, SARCs, SAPR VAs, investigators, law enforcement officials, chaplains,

healthcare personnel, and legal personnel be conducted prior to deployment in accordance with

Reference (c).

k. Direct subordinate commanders to develop procedures that:

(1) Establish guidance for when an MPO has been issued, that the Service member who

is protected by the order is informed, in a timely manner, of the member’s option to request

transfer from the command to which that member is assigned in accordance with section 567(c)

of Reference (r).

(2) In OCONUS areas, if appropriate, direct that the appropriate civilian authorities be

notified of the issuance of an MPO and of the individuals involved in an order when an MPO has

been issued against a Service member or when any individual involved in the MPO does not

reside on a military installation when an MPO is in effect. An MPO issued by a military

commander shall remain in effect until such time as the commander terminates the order or

issues a replacement order. (See section 561 of Reference (m).) The issuing commander also

shall notify the appropriate civilian authorities of any change made in a protective order covered

by chapter 80 of Reference (b) and the termination of the protective order.

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(3) Ensure that the person seeking the MPO is advised that the MPO is not enforceable

by civilian authorities off base, and victims desiring protection off base should be advised to seek

a civilian protective order in that jurisdiction pursuant to section 562 of Reference (m).

l. Establish guidance for when an Expedited Transfer has been requested in accordance with

Reference (c).

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GLOSSARY

PART I. ABBREVIATIONS AND ACRONYMS

ASD(HA)

Assistant Secretary of Defense for Health Affairs

CMG

case management group

DoDD

Department of Defense Directive

DoDHRA

Department of Defense Human Resources Activity

DoDI

Department of Defense Instruction

DSAID

Defense Sexual Assault Incident Database

FAP

Family Advocacy Program

GC DoD

General Counsel of the Department of Defense

IG DoD

Inspector General of the Department of Defense

MPO

Military Protective Order

OCONUS

outside of the continental United States

P.L.

Public Law

SAFE

sexual assault forensic examination

SAPR

sexual assault prevention and response

SAPR VA

Sexual Assault Prevention and Response Victim Advocate

SAPRO

Sexual Assault Prevention and Response Office

SARC

Sexual Assault Response Coordinator

SVC Special Victims’ Counsel (Air Force, Army, National Guard, and Coast

Guard)

UCMJ

Uniform Code of Military Justice

U.S.C.

United States Code

USD(P&R)

Under Secretary of Defense for Personnel and Readiness

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VLC

Victims’ Legal Counsel (Navy and Marine Corps)

PART II. DEFINITIONS

Unless otherwise noted, these terms and their definitions are for the purpose of this Directive.

confidential communication. Oral, written, or electronic communications of personally

identifiable information concerning a sexual assault victim and the sexual assault incident

provided by the victim to the SARC, SAPR VA, or healthcare personnel in a Restricted Report.

This confidential communication includes the victim’s SAFE Kit and its information. See

http://www.archives.gov/cui.

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 no consent. Lack of verbal or

physical resistance or submission resulting from the use of force, threat of force, or placing

another person in fear does not constitute consent. A current or previous dating or social or

sexual relationship by itself or the manner of dress of the person involved with the accused in the

conduct at issue shall not constitute consent. A sleeping, unconscious, or incompetent person

cannot consent.

crisis intervention. Emergency non-clinical care aimed at assisting victims in alleviating

potential negative consequences by providing safety assessments and connecting victims to

needed resources. Either the SARC or SAPR VA will intervene as quickly as possible to assess

the victim’s safety and determine the needs of victims and connect them to appropriate referrals,

as needed.

culturally-competent care. Care that provides culturally and linguistically appropriate services.

DSAID. A DoD database that captures uniform data provided by the Military Services and

maintains all sexual assault data collected by the Military Services. This database shall be a

centralized, case-level database for the uniform collection of data regarding incidence of sexual

assaults involving persons covered by this Directive and Reference (c). DSAID will include

information when available, or when not limited by Restricted Reporting, or otherwise prohibited

by law, about the nature of the assault, the victim, the offender, and the disposition of reports

associated with the assault. DSAID shall be available to the SAPRO and the DoD to develop

and implement congressional reporting requirements. Unless authorized by law, or needed for

internal DoD review or analysis, disclosure of data stored in DSAID will only be granted when

disclosure is ordered by a military, Federal, or State judge or other officials or entities as required

by a law or applicable U.S. international agreement. This term and its definition are proposed

for inclusion in the next edition of the DoD Dictionary of Military and Associated Terms

(Reference (t)).

emergency. A situation that requires immediate intervention to prevent the loss of life, limb,

sight, or body tissue to prevent undue suffering. Regardless of appearance, a sexual assault

victim needs immediate medical intervention to prevent loss of life or undue suffering resulting

from physical injuries internal or external, sexually transmitted infections, pregnancy, or

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psychological distress. Sexual assault victims shall be given priority as emergency cases

regardless of evidence of physical injury.

emergency care. Emergency medical care includes physical and emergency psychological

medical services and a SAFE consistent with Reference (h).

FAP. A DoD program designated to address child abuse and domestic abuse in military families

in cooperation with civilian social service agencies and military and civilian law enforcement

agencies. Prevention, advocacy, and intervention services are provided to individuals who are

eligible for treatment in military medical treatment facilities.

gender-responsive care. Care that acknowledges and is sensitive to gender differences and

gender-specific issues.

healthcare. Medical (physical) and mental healthcare.

healthcare personnel. Defined in Reference (c).

healthcare provider. Defined in Reference (c).

Military Services. The term, as used in the SAPR Program, includes Army, Air Force, Navy,

Marines, Reserve Components, and their respective Military Academies.

non-identifiable personal information. Non-identifiable personal information includes those

facts and circumstances surrounding the sexual assault incident or that information about the

individual that enables the identity of the individual to remain anonymous. In contrast, personal

identifying information is information belonging to the victim and alleged assailant of a sexual

assault that would disclose or have a tendency to disclose the person’s identity.

official investigative process. The formal process a law enforcement organization uses to gather

evidence and examine the circumstances surrounding a report of sexual assault.

personal identifiable information. Includes the person’s name, other particularly identifying

descriptions (e.g., physical characteristics or identity by position, rank, or organization), or other

information about the person or the facts and circumstances involved that could reasonably be

understood to identify the person (e.g., a female in a particular squadron or barracks when there

is only one female assigned).

qualifying conviction. A State or Federal conviction, or a finding of guilty in a juvenile

adjudication, for a felony crime of sexual assault and any general or special court-martial

conviction for a UCMJ offense, which otherwise meets the elements of a crime of sexual assault,

even though not classified as a felony or misdemeanor within the UCMJ. In addition, any

offense that requires registration as a sex offender is a qualifying conviction.

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recovery-oriented care. Focus on the victim and on doing what is necessary and appropriate to

support victim recovery, and also, if a Service member, to support that Service member to be

fully mission capable and engaged.

Restricted Reporting. Reporting option that allows sexual assault victims to confidentially

disclose the assault to specified individuals (i.e., SARC, SAPR VA, or healthcare personnel), in

accordance with Reference (h), and receive medical treatment, including emergency care,

counseling, and assignment of a SARC and SAPR VA, without triggering an official

investigation. The victim’s report provided to healthcare personnel (including the information

acquired from a SAFE Kit), SARCs, or SAPR VAs will NOT be reported to law enforcement or

to the command to initiate the official investigative process unless the victim consents or an

established EXCEPTION applies in accordance with Volume 1 of Reference (c). The Restricted

Reporting option applies to Service members and their military dependents 18 years of age and

older. For additional persons who may be entitled to Restricted Reporting, see eligibility criteria

in Volume 1 of Reference (c). Only a SARC, SAPR VA, or healthcare personnel may receive a

Restricted Report, previously referred to as Confidential Reporting. This term and its definition

are proposed for inclusion in the next edition of Reference (t).

SAFE Kit. The medical and forensic examination of a sexual assault victim under circumstances

and controlled procedures to ensure the physical examination process and the collection,

handling, analysis, testing, and safekeeping of any bodily specimens and evidence meet the

requirements necessary for use as evidence in criminal proceedings. The victim’s SAFE Kit is

treated as a confidential communication when conducted as part of a Restricted Report. This

term and its definition are proposed for inclusion in the next edition of Reference (t).

SAPRO. Serves as the DoD’s single point of authority, accountability, and oversight for the

SAPR program, except for legal processes and criminal investigative matters that are the

responsibility of the Judge Advocates General of the Military Departments and the IG,

respectively. This term and its definition are proposed for inclusion in the next edition of

Reference (t).

SAPR Program. A DoD program for the Military Departments and the DoD Components that

establishes SAPR policies to be implemented worldwide. The program objective is an

environment and military community intolerant of sexual assault. This term and its definition

are proposed for inclusion in the next edition of Reference (t).

SAPR VA. A person who, as a victim advocate, shall provide non-clinical crisis intervention,

referral, and ongoing non-clinical support to adult sexual assault victims. Support will include

providing information on available options and resources to victims. The SAPR VA, on behalf

of the sexual assault victim, provides liaison assistance with other organizations and agencies on

victim care matters and reports directly to the SARC when performing victim advocacy duties.

Personnel who are interested in serving as a SAPR VA are encouraged to volunteer for this duty

assignment. This term and its definition are proposed for inclusion in the next edition of

Reference (t).

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SARC. The single point of contact at an installation or within a geographic area who oversees

sexual assault awareness, prevention, and response training; coordinates medical treatment,

including emergency care, for victims of sexual assault; and tracks the services provided to a

victim of sexual assault from the initial report through final disposition and resolution. This term

and its definition are proposed for inclusion in the next edition of Reference (t).

senior commander. An officer, usually in the grade of O-6 or higher, who is the commander of a

military installation or comparable unit and has been designated by the Military Service

concerned to oversee the SAPR Program.

Service member. An active duty member of a Military Service. In addition, National Guard and

Reserve Component members who are sexually assaulted when performing active service, as

defined in section 101(d)(3) of Reference (b), and inactive duty training.

sexual assault. Intentional sexual contact characterized by use of force, threats, intimidation, or

abuse of authority or when the victim does not or cannot consent. The term includes a broad

category of sexual offenses consisting of the following specific UCMJ offenses: rape, sexual

assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal

sex), or attempts to commit these acts.

SVC. Attorneys who are assigned to provide legal assistance in accordance with section 1716 of

Reference (k) and Service regulations. The Air Force, Army, National Guard, and Coast Guard

refer to these attorneys as SVC. The Navy and Marine Corps refer to these attorneys as VLC.

Unrestricted Reporting. A process that an individual covered by this policy uses to disclose,

without requesting confidentiality or Restricted Reporting, that he or she is the victim of a sexual

assault. Under these circumstances, the victim’s report provided to healthcare personnel, the

SARC, a SAPR VA, command authorities, or other persons is reported to law enforcement and

may be used to initiate the official investigative process. Additional policy and guidance are

provided in Reference (c). This term and its definition are proposed for inclusion in the next

edition of Reference (t).

victim. A person who asserts direct physical, emotional, or pecuniary harm as a result of the

commission of a sexual assault. The term encompasses all persons 18 and over eligible to

receive treatment in military medical treatment facilities; however, the Restricted Reporting

option applies to Service members and their military dependents 18 years of age and older. For

additional persons who may be entitled to Restricted Reporting, see eligibility criteria in Volume

1 of Reference (c).

VLC. Attorneys who are assigned to provide legal assistance in accordance with section 1716 of

Reference (k) and Service regulations. The Air Force, Army, National Guard, and Coast Guard

refer to these attorneys as SVC. The Navy and Marine Corps refer to these attorneys as VLC.