Military Sexual Assault Prevention and Response Procedures - UCMJ Sex Crimes under DoDI 6495.02

Here are some of the policies governing sex crime response involving Army, Navy, Air Force and Marine Corps sexual assault and rape cases. If you are accused of a sex crime under the UCMJ, then contact an experienced court martial defense lawyer to learn your rights.

5.7. The Secretaries of the Military Departments shall:

5.7.1. Establish comprehensive policies, procedures, and programs implementing this Instruction and consistent with Reference (c), and ensure implementation, monitoring, and evaluation at all levels of military command, including those levels at the National Guard and Reserve components, and training for members of their Military Departments. Program requirements and procedures are further detailed in Enclosure 3.

5.7.2. Establish required standards for command assessment of organizational SAPR climate, to include periodic follow-up assessments.

5.7.3. Publicize policies and procedures for reporting a sexual assault and provide information regarding the availability of medical treatment, advocacy, and referral services.

5.7.3.1. Ensure Service members are aware of the reporting options available to them, to include any exceptions and/or limitations on use applicable to each option. Information on the reporting options available to Service members is included in Reference (c).

5.7.3.2. Personnel shall be made aware that sexual assault includes rape, nonconsensual sodomy, indecent assault, and attempts to commit these acts, which are crimes in violation of specific articles of Chapter 47 of Reference (b).

5.7.3.3. Ensure that victims of unrestricted reports of sexual assaults are afforded throughout the investigative and legal process the information outlined in DoD Directive 1030.1 and DoD Instruction 1030.2 (References (v) and (w)).

5.7.4. Provide quarterly and annual reports of sexual assault involving members of the Armed Forces to DoD SAPRO to be consolidated into the Secretary of Defense annual reports to the House and Senate Armed Services Committees in accordance with Sections 113 and 4331 of Reference (b), and Reference (c). (See Enclosure 8 for additional information on report requirements.)

5.7.5. Annually identify the fiscal and personnel resources necessary to implement, monitor, and evaluate the SAPR policies, and report these resource totals to USD(P&R).

5.7.6. Provide budget program and obligation data, as requested to DoD SAPRO.

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