The Sexual Harassment/Assault Response & Prevention (SHARP) program at Carlisle Barracks reinforces the Army’s commitment to reduce with an aim toward eliminating sexual offenses within the Army through cultural change, prevention, intervention, investigation, accountability, advocacy/response, assessment, and training to sustain the All-Volunteer Force.
The prevention of sexual harassment and sexual assault is the responsibility of every Soldier and DA civilian. Peers, subordinates, and supervisors must never tolerate, condone, or ignore sexual harassment or sexual assault. Every Soldier must have the personal courage to Intervene, Act, and Motivate others to take action when needed. Army leadership at all levels must demonstrate their commitment to creating and enforcing an environment free from sexual misconduct that promotes the Army values, unit cohesion and overall readiness.
Sexual harassment is a form of gender discrimination. It includes unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to or rejection of is made a term or condition of a person’s job, pay, career
- Submission to or rejection of is used as a basis for career or employment decisions
- Conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment
- Making sexual jokes, gestures, remarks, or innuendos
- Making comments about an individual's appearance, body, clothing, or sexual behavior
- Spreading sexual rumors about an individual
- Persistent, unwanted requests for social (dates) or sexual activity
- Participating in sexually charged conversations
- Making and/or posting inappropriate sexual remarks to, or photos of, an individual via social media sites, text message, or email
- Displaying pornographic material or sexual photos in the workplace
- Making a sexually offensive expression
- Conduct of a sexual nature intended to embarrass, intimidate, demean, or degrade
- Unwanted touching
- Intimidation (blocking or cornering someone in a sexual way)
TYPES OF SEXUAL HARASSMENT:
Quid pro quo
"Quid pro quo" is a Latin term meaning "this for that." This term refers to conditions placed on a person’s career or terms of employment in return for favors. It includes implicit or explicit threats of adverse action if the person does not submit to such conditions and promises of favorable actions. Examples include demanding sexual favors in exchange for a promotion, award, or favorable assignment; disciplining or relieving a subordinate who refuses sexual advances; and threats of poor job evaluation for refusing sexual advances. Incidents of "quid pro quo" may also have a harassing effect on third persons. It may result in allegations of sexual favoritism or general discrimination when a person feels unfairly deprived of recognition, advancement, or career opportunities because of favoritism shown to another Soldier or civilian employee on the basis of a sexual relationship.
A hostile environment occurs when Soldiers or civilians are subjected to offensive, unwanted and unsolicited comments, or behaviors of a sexual nature. If these behaviors unreasonably interfere with their performance, regardless of whether the harasser and the victim are in the same workplace, then the environment is classified as hostile. A hostile environment brings the topic of sex or gender differences into the workplace in any one of a number of forms. It does not necessarily include the more blatant acts of “quid pro quo,” it normally includes nonviolent, gender-biased sexual behaviors (for example, the use of derogatory gender-biased terms, comments about body parts, suggestive pictures, explicit jokes, and unwanted touching).
OPTIONS FOR DEALING WITH SEXUAL HARASSMENT (SOLDIERS):
Direct approach: Approach the harasser and tell him or her that the behavior is inappropriate, violates Army values, is not welcomed, and must stop.
Indirect approach: Send a letter to the harasser stating the facts, personal feelings about the inappropriate behavior, and expected resolution.
Third party: Request assistance from another person. Ask someone to talk to the harasser, accompany the victim, or intervene to resolve the conflict.
Chain of command: Report the behavior to an immediate supervisor or others in the chain of command and ask for assistance in resolving the situation.
File an informal or formal complaint: Formal complaints are filed in writing, are subject to timelines, and require an official investigation.
Formal sexual assault complaints may be filed with the following agencies: SHARP office, someone in a higher echelon of the complainant’s chain of command, Inspector General (IG), Staff Judge Advocate (SJA), Provost Marshal, Medical Agency Personnel, Chaplain, and Housing Referral Office.
Family Members over the age of 18:
The formal military complaint requires use of DA Form 7279 (Equal Opportunity Complaint Form), and claimants must swear to the accuracy of their allegations. The process contains specific timelines, and commands are required to include specific documentation. All formal sexual harassment complaints are reportable to higher headquarters.
Military complainants have 60 calendar days from the date of the alleged incident to file a formal complaint. If the complaint is submitted after the 60-day window, a commander may still elect to investigate the claim. Normally he/she would consider the reason for the delay, the availability of witnesses, and whether a full and fair inquiry or investigation can be conducted.
Processing of sexual harassment complaints through the unit chain of command is strongly encouraged. However, the chain of command is not the only channel available to Soldiers and Family members to resolve complaints. If necessary, formal complaints can be filed with a higher echelon command, Inspector General (IG), Staff Judge Advocate (SJA), Provost Marshal (PM), medical agency personnel, the chaplain, or Housing Referral Office.
DA Civilians who believe they are being sexually harassed can choose to approach the offender and they have a responsibility to alert management of the harassment if they do not wish to confront the offender. Therefore, management is responsible for confronting offenders once it knows or should know of the harassment. When a DA Civilian files a formal complaint they must contact the EEO Office within 45 days of the harassment incident. If the harassment is ongoing, the most recent instance must have occurred within 45 days of contact with the EEO Office.
Details of the complaint process for Civilian personnel filing a complaint are found in AR 690-600 (Equal Employment Opportunity Discrimination Complaints).
information for the Carlisle Barracks EEO Office:
Sexual Assault is a crime defined as 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.
Consent is words or overt acts indicating a freely given agreement to the sexual 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 accused’s use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent. There is no consent where the person is sleeping or incapacitated, such as due to age, alcohol or drugs, or mental incapacity.
This section applies to Active Duty, National Guard (NG), and Reserve Component (RC), and Military dependents 18 years of age and older who are eligible for treatment in the military healthcare system (at installations in the CONUS and OCONUS), and who were victims of sexual assault perpetrated by someone other than a spouse or intimate partner.
Under current DoD and Army policy, DoD civilian employees and their family dependents 18 years of age and older are eligible to receive SHARP Program services when they are stationed or performing duties OCONUS and are eligible for treatment in the MHS at military installations or facilities OCONUS. Depending upon where the incident occurred and the circumstances, Civilian victims of sexual assault should contact Military Police, local law enforcement authorities, or appropriate healthcare personnel for support and/or response. These DoD civilian employees and their family dependents 18 years of age and older only have the Unrestricted Reporting option.
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. DoD contractor personnel only have the Unrestricted Reporting option.
Service members who are on active duty but were victims of sexual assault PRIOR to enlistment or commissioning are eligible to receive SAPR services under either reporting option. The DoD shall provide support to an active duty Service member regardless of when or where the sexual assault took place. Prior- to- military service victimization includes adult sexual assault (including stranger sexual assault and intimate partner sexual assault, if the victim is no longer in the same intimate relationship) and sexual assault that was perpetrated on the Service member while he or she was still a child.
The Family Advocacy Program (FAP) assists victims of sexual assault perpetrated by a spouse or intimate partner, or military dependents under the age of 18 who are sexually assaulted. When a sexual assault occurs as a result of domestic abuse or involves child abuse, the installation SARC and the installation FAP staff will direct the victim to FAP. Please refer to "Child Abuse and Domestic Abuse" section for more information.
I HAVE BEEN SEXUALLY ASSAULTED. WHAT SHOULD I DO?
If you have been sexually assaulted or think you have been, go to a safe location away from the perpetrator. If you want to talk with someone or want assistance, you have individuals who are ready to help. Make sure you understand the difference between a restricted and unrestricted report so that those you reach out to will understand your needs and can best assist you.
Even if, like many sexual assault victims, you do not have any visible physical injuries, you may be at risk of becoming pregnant or acquiring a sexually transmitted disease. Ask the healthcare provider to conduct a sexual assault forensic examination to preserve forensic evidence in case you decide later that you want to file an unrestricted report of sexual assault which may lead to prosecution. If you suspect you may have been drugged, request that a urine sample be collected. Preserve all evidence of the assault. Even if you feel an intense need to clean yourself, do not bathe, wash your hands, eat, drink, or brush your teeth. Do not clean or straighten up the crime scene. You may not be thinking clearly due to the trauma, so taking these steps at the outset will help preserve evidence that investigators or law enforcement personnel may need to collect in the event that you file an unrestricted report.
You may contact your local SHARP Sexual Assault Response Coordinator (SARC), Victim Advocate (VA), or healthcare provider. Your communication with the SARC, VA, or healthcare provider is privileged and confidential except in specific circumstances.
You may also contact your chain of command or law enforcement (military or civilian); however, if you contact your chain of command or law enforcement, an investigation will occur, and you will not have the option of making a restricted report (see below). Seek medical care as soon as possible.
While a Chaplain cannot take a restricted report, communication with a Chaplain may be privileged under the Military Rules of Evidence or applicable statutes and regulations when they are made confidentially and as a formal act of religion or as a matter of conscience. Chaplains may not disclose a confidential or privileged communication revealed in the practice of their ministry without the individual's informed consent.
All Army Crime Victims have the right:
- To be treated with fairness and with respect for their dignity and privacy.
- To be reasonably protected from the accused offender.
- To be notified of court proceedings.
- To be present at all public court proceedings related to the offense, unless the court determines that the victim's testimony would be materially affected if the victim heard other testimony at trial.
- To confer with the attorney for the government in the case.
- To restitution, if appropriate.
- To information regarding the conviction, sentencing, imprisonment, and release of the offender from custody.
Reference: (AR 27-10, para 17-5 and para 17-10) 3 Oct 2011
ROLES AND RESPONSIBILITIES
The SHARP program is built around a team effort that coordinates resources to support the victim. The installation response team will grow to include medical, legal, behavioral health, investigative personnel and others. This may also include non-military sexual assault response personnel from local civilian resources. Below are some key members of the installation SHARP program:
Sexual Assault Response Coordinator
(SARC): Serves as the
single point of contact for coordinating care to ensure that sexual assault
victims receive appropriate and responsive care.
Victim Advocate (VA): Provides non-clinical crisis intervention, referral, and ongoing non-clinical support to victims.
Special Victims Counsel (SVC): Attorneys who are assigned to provide legal assistance to the victim. Their role is to zealously represent the client's interests throughout the military justice process.
Sexual Assault Care Coordinator/Care Provider (SACC/SACP): Provides emergency and follow-up medical and behavioral care.
Healthcare Personnel (HCP): Provides medical services.
Police: Secure scene, address immediate victim safety concerns, contacts EMS, SHARP SARC and/or CID as required.
Military Criminal Investigative Organization (MCIO): Conducts the investigation. Ensures evidence is stored properly. Examples of these organizations are: CID (U.S. Army Criminal Investigations Command), NCIS (Naval Criminal Investigative Service), and AFOSI (Air Force Office of Special Investigations)
EMS (Emergency Medical Services): Addresses immediate medical needs.
Chain of Command (CoC): For unrestricted cases, the command will take immediate steps to ensure the victims safety, emotional security, and medical needs are met and that the SARC and appropriate law enforcement are notified. They will initiate Military Protective Orders (MPOs) and consider expedited transfer when needed.
Chaplain: Provides pastoral/spiritual support.
While a sexual assault victim may disclose information to whomever he or she chooses, an official report is made only when a DD Form 2910 is signed and filed with a SARC or SAPR VA, or when a Military Criminal Investigative Organization (MCIO) investigator initiates an investigation.
A. Restricted Reporting
Sexual assault victims who want to confidentially disclose a sexual assault without triggering an official investigation can contact a SARC, VA, or a healthcare provider. By filing a restricted report with a SARC, VA, or a healthcare provider, a victim can disclose the sexual assault without triggering an official investigation AND receive medical treatment, advocacy services, legal assistance, and counseling. A Restricted Report can be changed to an Unrestricted Report at any time.
At this time Retired members of any component and Department of Defense civilian employees are not eligible for a restricted report. However, the Sexual Assault Prevention and Response Program office can still be a valuable resource to civilian victims of sexual assault. The SARC or VA can provide referrals for private therapy, group counseling, legal advice, and more.
NOTE: If the victim tells someone outside of the restricted reporting chain (e.g. a friend, family member, roommate, or others.), then he or she can still elect to submit a restricted report; however, if the person to whom the victim confided the information is in the victim’s officer or non-commissioned officer chain of command or DoD law enforcement, there can be no restricted report. Also, if the person to whom the victim confided the information in reports the incident to the chain of command or law enforcement, an official investigation will be initiated.
Considerations when electing a restricted report
- The victim will receive appropriate medical treatment, advocacy, legal assistance, and counseling.
- It provides some personal space and time to consider options and to begin the healing process.
- It empowers the victim to seek relevant information and support to make informed decisions about whether you want to participate in a criminal investigation.
- The victim controls the release and management of personal information.
- The decision whether and when to move forward with initiating an investigation is made by the victim.
- It can establish a record important for future potential Veteran benefits and treatment.
- The assailant remains unpunished.
- A military protective order cannot be initiated.
- The victim may continue to have contact with the assailant, if they are in the same organization or billets.
- Evidence from the crime scene where the assault occurred may be lost, and the official investigation, if changed to an unrestricted report, will likely encounter significant obstacles.
- The victim will not be able to discuss the assault with anyone in the chain of command without imposing an obligation on them to report the incident, and some commands have requirements that impose this duty on all Soldiers, to include your friends. The only exceptions would be chaplains, designated healthcare providers, your assigned VA, and the SARC.
- It will not be possible to invoke the collateral misconduct provision of DoD's sexual assault policy in the event that your command learns that you had been engaged in some form of misconduct at the time you were assaulted.
- No expedited transfers will be authorized.
If a victim consents in writing to allow information to be disclosed to commander/law enforcement, the confidential terms of the Restricted Report may be circumvented. You may always change your reporting to Unrestricted if you choose – albeit you cannot go back to Restricted Reporting after you select Unrestricted Reporting. Other circumstances of exceptions to Restricted Reporting include:
- Whenever there is a serious or imminent threat, Command and Law Enforcement will be notified.
- Disability Boards will receive certain information to determine fitness for duty or retirement disability.
- SARC, VA, and Healthcare Personnel can share information among each other as needed to facilitate supervision/coordination of victim services and treatment.
- Military and civilian courts or judges may order release of information (e.g., cases of mandatory reporting for child abuse or domestic violence).
B. Unrestricted Reporting
This option is recommended for victims of sexual assault who desire medical treatment, counselling, legal assistance, SHARP Specialist assistance, and an official investigation of the crime. When selecting Unrestricted Reporting, you may disclose to the following, however, the official report must be taken by the SARC or VA:
- Sexual Assault Response Coordinator (SARC)
- Victim Advocate (VA)
- Health care personnel
- Chain of command
- Law enforcement
- Legal personnel
Upon notification of a reported sexual assault, the SARC will immediately assign a VA. At the victim's discretion or request, the health care personnel shall conduct a sexual assault forensic examination (SAFE), which may include the collection of evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know.
Considerations when electing an Unrestricted report
At the victim's discretion/request, the healthcare provider shall conduct a sexual assault forensic examination (SAFE), which may include the collection of evidence.
Details regarding the incident will be limited to only those personnel who have a legitimate need to know.
Once this reporting option is selected, changing to a Restricted Report will not be possible.
Victims who file an Unrestricted Report can request an expedited transfer/reassignment from their current unit to either another unit at a different geographical location, to a different unit on the installation, to another company within the same battalion, to another battalion within the same brigade, or to another brigade within the same division. The transfer or reassignment may be temporary or permanent. All requests for permanent change of station must be sent to the Commander, U.S. Army Human Resources (HRC) Command for approval or disapproval.
The offender may be held accountable.
Victims feel a sense of closure or healing (which aids recovery).
Ability for Military to potentially hold the offender accountable.
Victim safety measures, such as Military Protective Orders, ensures the safety of others, and may encourage other victims to come forward.
Victim may consider investigation or legal process too intrusive.
Assault will be known and discussed among those with a need to know.
Investigation and court proceedings may be lengthy.
The nature of the investigative process can be stressful for victims of sexual assault despite the sincere efforts of law enforcement, staff judge advocate, and other personnel entrusted with bringing offenders to justice. Investigators must carefully collect evidence, and the process from investigation to courts martial or some other form of punishment may take many months. They must often ask you, the victim, very precise and probing questions because there usually are no eyewitnesses to provide crucial details. You may not feel you are ready to answer questions so soon after your assault, but the investigators need to interview you while your memories are fresh. Much patience will be required on your part. You will be kept well informed of any investigative actions taken in response to your reported sexual assault. Your commander will ensure, at a minimum, you receive a monthly update regarding the current status of any on-going investigative, medical, legal, or command proceedings regarding the sexual assault. This requirement is in addition to those established by the Victim-Witness Assistance Program. Monthly updates are required until the final disposition of the reported assault. "Final disposition" means the conclusion of any judicial, non-judicial, and administrative actions (including separation actions and no action).
PROHIBITION OF RETALIATION AGAINST THOSE REPORTING A CRIMINAL OFFENSE
No Service Member may retaliate against a victim, an alleged victim, or another member of the Armed Forces based on that individual's report of a criminal offense. Service Members may be investigated and punished under Article 92 of the Uniformed Code of Military justice for violations.
RETALIATION is defined as:
- Taking or threatening to take an adverse or unfavorable personnel action, or withholding or threatening to withhold a favorable personnel action, with respect to a victim or other member of the Armed Forces because the individual reported a criminal offense or was believed to have reported a criminal offense; or
- Ostracism, which is defined as excluding from social acceptance, privilege or friendship a victim or other member of the Armed Forces because: (a) the individual reported a criminal offense; (b) the individual was believed to have reported a criminal offense; or (c) the ostracism was motivated by the intent to discourage reporting of a criminal offense or otherwise to discourage the due administration of justice; or
- Acts of cruelty, oppression or maltreatment (as these terms are described in paragraph 17c(2) of reference 1e), committed against a victim, an alleged victim or another member of the Armed Forces by peers or other persons, because the individual reported a criminal offense or was believed to have reported a criminal offense.
Department of Veterans Affairs: Military Sexual Trauma
Some Veterans may have experienced personal assault or sexual trauma while serving in the military. These kinds of experiences can sometimes affect Veterans’ mental and physical health, even many years later. Veterans can apply for disability compensation for any current difficulties that are related to their service, including difficulties related to personal assault or military sexual trauma (MST). You do not need a VA service-connected disability rating to be eligible for free MST-related treatment through VA. No documentation is required to receive MST-related treatment.
How Can You Apply for Disability Compensation?
You can apply for disability compensation by completing VA Form 21-526, Veteran's Application for Compensation and/or Pension. You may also apply online at www.ebenefits.va.gov. MST specialists and/or Women Veterans Coordinators are available at every VA Regional Office to assist male and female Veterans filing claims related to personal assault or MST. You can find a list of VA Regional Offices by calling 1-800-827-1000 or visiting http://www.va.gov. For more information about MST-related treatment, visit www.mentalhealth.va.gov/msthome.asp.
Army SHARP website http://www.preventsexualassault.army.mil/index.cfm
Department of Defense Sexual Assault Prevention and Response Office (SAPRO) website: http://www.sapr.mil/
Department of Veterans Affairs Military sexual trauma (MST) website: http://www.mentalhealth.va.gov/msthome.asp
The National Guard Sexual Assault Prevention & Response Program website: https://www.jointservicessupport.org/SAPR/Default.aspx
RAINN (Rape, Abuse & Incest National Network) website: https://rainn.org/
National Sexual Violence Resource Center website: http://www.nsvrc.org/
Pennsylvania Coalition Against Rape website: http://www.pcar.org/
Pennsylvania Coalition Against Domestic Violence website: 1-800-799-SAFE (7233) http://www.pcadv.org/
For information pertaining to Military Protective Orders: http://www.womenslaw.org/laws_state_type.php?id=10866&state_code=US