SHARP

ALCOHOL AND CONSENT FOR SEX

►Sexual acts or contact with a person when you know, or reasonably should have known, that the person is incapable of consenting due to drug or intoxicant impairment is a crime.
►The UCMJ states that a person is incapable of consenting to sex when they cannot describe the nature of the conduct, are physically incapable of declining participation, or cannot communicate unwillingness to engage in the sexual conduct.
►There is no specified amount of alcohol that causes a person to be incapable of consenting under the law.
►It is incorrect to say that a person with a certain blood alcohol content level is incapable of consenting.
►It is incorrect to say that a person who has consumed any alcohol is incapable of consenting.
►Sexual assault reports that involve alcohol and the ability to consent will depend on the unique facts and circumstances of each case. There is no standard-defining rule.

BYSTANDER INTERVENTION PROCESS 

What if it was your family member or friend?

1. Notice the event.
2. Interpret the event as a problem.
3. Accept personal responsibility to do something.
4. Decide how to intervene using the 3Ds:
   1. Direct: Address the perpetrator; remove people from the situation.
   2. Distract: Change the subject; ask someone to do something; mention that someone is coming.
   3. Delegate: Arrange for someone to intervene or take people out of the situation.
5. TAKE ACTION!

SEXUAL HARASSMENT 

DEFINITION: Unwelcomed sexual advances, requests for sexual favors, verbal comments, and physical conduct of a sexual nature where submission, to or rejection of them can impact or interfere with someone's job, pay, or career. Guideline apply 24/7 on or off-installation.

TWO TYPES:

Quid Pro Quo: Conditions placed on a person's career or terms of employment in return for sexual favors. 
Hostile Environment: When personnel are subjected to offensive, unwanted, and unsolicited comments or behaviors of a sexual nature. 

THREE CATEGORIES:

Verbal: Jokes, comments, whistling, or pet names. 
Nonverbal: Staring, displays, messaging, or music.
Physical Contact: Touching, cornering, or kissing.

REPORTING OPTIONS:

Anonymous: Encourages reporting and keeps anonymity.
Informal: Direct approach, third party, or chain of command.
Formal: Equal opportunity (EO) compliant form filed within 60 days; commanders are notified. 

SEXUAL HARASSMENT is punishable with the full range of administrative, non-judicial, and judicial actions. 

SEXUAL ASSAULT 

DEFINITION: Intentional sexual contact characterized by the use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. Guidelines apply 2417, on or off-installation. 

Consent: A freely given agreement to the conduct at issue by a competent person.

►An expression or 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.
►Current or previous dating, social or sexual relationships, or the manner of the person's dress does not constitute consent.
►A sleeping, unconscious, or incompetent person cannot consent.
►All the surrounding circumstances should be considered in determining whether or not a person gave consent.

SEXUAL ASSAULT is a crime and punishable by both the Uniform Code of Military Justice (UCMJ) and civilian law. 

RETALIATION

This is NOT okay!

DEFINITION: Wrongfully taking or threatening to take adverse personnel action, or withholding or threatening to withhold favorable personnel action against a person who reports or plans to report an offense. Retaliation also includes the following: 

•     Acts of cruelty, oppression, or maltreatment.
•     Excluding a person from social acceptance, privilege, or friendship (known as ostracism).
 

EXPEDITED TRANSFERS 

Sexual assault victims who file an unrestricted report can request expedited transfer or reassignment using Department of the Army (DA) Form 4187, Personnel Action, from their current unit to: 

• Another unit on a different installation
• Another unit on the same installation.
• Another company within the same battalion.
• Another battalion within the same brigade.
• Another brigade within the same division.

Commanders (battalion or above) have 72 hours to recommend approval or disapproval of the request. 

RESTRICTED REPORT VS. UNRESTRICTED REPORT

   SERVICES   

Restricted

• Access to medical, advocacy, legal, and counseling services. 
• Receive the Sexual Assault Forensic Examination {SAFE). 
• Control the release of personal information. 
• Can change to an unrestricted report at any time. 
• Special victims' counsel. 

Unrestricted

• Access to medical, advocacy, legal, and counseling services. 
• Receive the SAFE. 
• Alleged offender may be held accountable. 
• Command support. 
• Can receive protective order (military protective order [MPO] or civilian protective order [CPO]).
• Special victims' counsel. 

LIMITATIONS

Restricted

• The alleged offender will not be held accountable. 
• Ineligible for expedited transfer or reassignment. 
• No command support. 
• Cannot receive a protective order.
• Chaplains and Special victims' counsel cannot file a report, but information shared remains confidential. 

Unrestricted

• More people will know about the sexual assault. 
• The investigation may require discussion of personal matters. 
• Cannot change to a restricted report. 

   WHO CAN ACCEPT A REPORT   

Restricted

• Sexual Assault Response Coordinator {SARC).
• Victim Advocate {VA).
• Healthcare personnel. 

Unrestricted

• Commander. 
• Criminal Investigation Division {CID).
• Judge Advocate General {JAG).
• Inspector General {IG). 
• SARC. 
• VA. 
• Healthcare personnel. 

LIMITATIONS

Restricted

• Chaplains and Special victim counsel cannot file a report, but information shared remains confidential. 

Unrestricted

• More people will know about the sexual assault. 
• Investigation may require discussion of personal matters. 
• Cannot change to restricted report.