Sexual Harassment/Assault Response & Prevention Program (SHARP)

Prevention begins with the proper training and education of our Soldiers and family members on sexual assault issues.

We must all be prepared to act and intervene when something does not seem right. If we see a Soldier or family member who is vulnerable, we must act to ensure that person's safety.

We must be especially alert to situations involving the use of alcohol, as many sexual assaults occur when people are intoxicated - both the perpetrator and the victim. We must moderate our use of alcohol and always ensure that we have friends or fellow Soldiers looking out for our best interests. Keep in mind that the vast majority of sexual assault offenses are committed by an acquaintance, not a stranger.

We also should be aware of the fact that sexual assault is not just a problem among the military ranks. Our family members could become victims. It could happen in the housing areas at Fort Hamilton and elsewhere. We must be aware of our family's surroundings and always provide for their safety when we invite others into our homes.

Protect the most vulnerable in our community, our children.

When prevention fails, we will respond to any sexual crime with care and concern for victims, a thorough investigation and appropriate actions to ensure that offenders are held accountable.

Help is available 24 hours a day, seven days a week by calling the HOTLINE at (347) 452-4302.

Victims of sexual assault are encouraged to report offenses, so that sexual assault are investigated and prevents repeat offenses and the victimization of others.

Reporting Options

Sexual assault is the most under reported crime in our society and in the military.

While the Department of Defense (DoD) prefers complete reporting of sexual assaults to activate both victims’ services and law enforcement actions, it recognizes that some victims desire only medical and support services and no command or law enforcement involvement.

The DoD believes its first priority is for victims to be protected, treated with dignity and respect, and to receive the medical treatment, care and counseling that they deserve. Under DoD’s Confidentiality Policy, sexual assault victims are offered two reporting options, restricted or unrestricted reporting.

Restricted Reporting

This option is recommended for victims of sexual assault who wish to confidentially disclose the crime to specifically identified individuals and receive medical treatment and counseling without triggering the official investigative process. Service members who are sexually assaulted and desire restricted reporting under this policy must report the assault to a Sexual Assault Response Coordinator, Victim Advocate, or a healthcare provider.

As provided for above, victims may also discuss the assault with a chaplain. Discussing the assault with a chaplain is not a restricted report under this policy, it is a communication that may be protected under the Military Rules of Evidence (MRE) or applicable statues and regulations. The restricted reporting process does not affect any privilege recognized under the MRE. This policy on restricted reporting is in addition to the current protections afforded by privileged communications with a chaplain, and does not alter or affect those protections.

Healthcare providers will initiate the appropriate care and treatment, and report the sexual assault to the Sexual Assault Response Coordinator in lieu of reporting the assault to law enforcement or the command. Upon notification of a reported sexual assault, the Sexual Assault Response Coordinator will immediately assign a Victim Advocate to the victim. The assigned Victim Advocate will provide accurate information on the process of restricted vice unrestricted reporting.

At the victim’s discretion/request an appropriately trained healthcare provider shall conduct a sexual assault forensic examination (SAFE), which may include the collection of evidence. In the absence of a DoD provider, the service member will be referred to an appropriate civilian facility for the SAFE.

Who May Make A Restricted Report

Restricted reporting is available to military personnel of the Armed Forces and the Coast Guard and active duty dependents. Military personnel include members on active duty and members of the Reserve component (Reserve and National Guard) provided they are performing federal duty (active-duty training or inactive-duty training and members of the National Guard in federal (Title 10) status). Members of the Reserve Component not performing federal duty are not eligible. Retired members of any component are not eligible. Adult dependents, 18 years of age and older, are eligible when sexually assaulted by someone other than their spouse or intimate partner. DoD civilian employees are eligible for consultation with a Victim Advocate to gain a referral to local community-based advocacy, counseling and medical services.

Considerations when Electing a Restricted Reporting Decision

Benefits

• You receive appropriate medical treatment, advocacy, and counseling.
• Provides some personal space and time to consider your options and to begin the healing process.
• Empowers you to seek relevant information and support to make more informed decisions about participating in the criminal investigation.
• You control the release and management of your personal information.
• You decide whether and when to move forward with initiating an investigation.

Limitations

• Your assailant remains unpunished and capable of assaulting other victims.
• You cannot receive a military protective order.
• You will continue to have contact with your assailant, if he/she is in your organization or billeted with you.
• Evidence from the crime scene where the assault occurred will be lost, and the official investigation, should you switch to an unrestricted report, will likely encounter significant obstacles.
• You will not be able to discuss the assault with anyone, to include your friends, without imposing an obligation on them to report the crime. The only exceptions would be chaplains, designated healthcare providers, your assigned Victim Advocate and the Sexual Assault Response Coordinator.
• You will be ineligible to invoke the collateral misconduct provision of the Department'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.

Unrestricted Reporting

This option is recommended for victims of sexual assault who desire medical treatment, counseling and an official investigation of the crime. When selecting unrestricted reporting, you should use current reporting channels, e.g. chain of command, law enforcement or report the incident to the Sexual Assault Response Coordinator, or request healthcare providers to notify law enforcement. Upon notification of a reported sexual assault, the Sexual Assault Response Coordinator will immediately assign a Victim Advocate. 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.

This command will act on all reports of sexual assault. First and foremost, victims will be treated with dignity, fairness, and respect. Victims will have access to medical care, counseling, and victim advocacy.

All unrestricted reports of sexual assault will be thoroughly investigated by the US Army Criminal Investigation Command (CID).

Furthermore, by direction of the Secretary of Defense, disposition authority for allegations of rape, sexual assault, and forcible sodomy is withheld to brigade commanders. This means that brigade commanders, at a minimum, are required to make decisions regarding cases involving such crimes.

Sexual assault is a crime and will not be tolerated at Fort Hamilton or the Army.

Sexual assault is a crime.

Department of Defense defines sexual assault as intentional sexual contact, characterized by use of force, physical threat or abuse of authority, or when the victim does not or cannot consent. Consent should not be deemed or construed to mean the failure by the victim to offer physical resistance. Additionally, consent is not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated or unconscious.

Sexual assault includes rape, non-consensual sodomy (oral or anal sex), indecent assault (e.g., unwanted and inappropriate sexual contact or fondling) or attempts to commit these acts. Sexual assault can occur without regard to gender, spousal relationship or age of victim.

I have been sexually assaulted. What should I do?

• Go to a safe location away from the attacker.
• Contact your local Sexual Assault Response Coordinator, Victim Advocate or healthcare provider. You also may contact your chain of command or law enforcement (military or civilian), however if you do, an investigation will be initiated through the appropriate Criminal Investigative Service or local law enforcement agency.
• Seek medical care as soon as possible. Even if 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. If you suspect you had been drugged, request that a urine sample be collected.
• Preserve all evidence of the assault. Do not bathe, wash your hands, eat or drink or brush your teeth. Do not clean or straighten up the crime scene.
• Write down, tape or record by any other means all the details you can recall about the assault and your assailant.

Sexual Harassment is 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. Guidelines apply 24.7, on or off-installation.

Fort Hamilton

DoD

• DoD Directive 6495.01 - Sexual Assault Prevention and Response Program
• DoD Instruction 5505.18 - Investigation of Adult Sexual Assault in the DoD
• DoD Instruction 6400.09 - DoD Policy on Integrated Primary Prevention of Self-Directed Harm and Prohibited Abuse or Harm
  
• DoD Instruction 6495.02 - Sexual Assault Prevention and Response Program Procedures

Army

• AR 350-1 - Army Training and Leader Development
• AR 600-20 - Army Command Policy

• FORT HAMILTON SHARP HOTLINE: 347-452-4302 - Help is available 24/7
• DoD Safe Helpline: 1-877-995-5247
• Military One Source: 1-800-342-9647
• National Assault Hotline: 1-800-656-HOPE (4673)
• DoD Sexual Assault Prevention and Response Office

Prevention begins with the proper training and education of our Soldiers and family members on sexual assault issues.

We must all be prepared to act and intervene when something does not seem right. If we see a Soldier or family member who is vulnerable, we must act to ensure that person's safety.

We must be especially alert to situations involving the use of alcohol, as many sexual assaults occur when people are intoxicated - both the perpetrator and the victim. We must moderate our use of alcohol and always ensure that we have friends or fellow Soldiers looking out for our best interests. Keep in mind that the vast majority of sexual assault offenses are committed by an acquaintance, not a stranger.

We also should be aware of the fact that sexual assault is not just a problem among the military ranks. Our family members could become victims. It could happen in the housing areas at Fort Hamilton and elsewhere. We must be aware of our family's surroundings and always provide for their safety when we invite others into our homes.

Protect the most vulnerable in our community, our children.

When prevention fails, we will respond to any sexual crime with care and concern for victims, a thorough investigation and appropriate actions to ensure that offenders are held accountable.

Help is available 24 hours a day, seven days a week by calling the HOTLINE at (347) 452-4302.

Victims of sexual assault are encouraged to report offenses, so that sexual assault are investigated and prevents repeat offenses and the victimization of others.

Reporting Options

Sexual assault is the most under reported crime in our society and in the military.

While the Department of Defense (DoD) prefers complete reporting of sexual assaults to activate both victims’ services and law enforcement actions, it recognizes that some victims desire only medical and support services and no command or law enforcement involvement.

The DoD believes its first priority is for victims to be protected, treated with dignity and respect, and to receive the medical treatment, care and counseling that they deserve. Under DoD’s Confidentiality Policy, sexual assault victims are offered two reporting options, restricted or unrestricted reporting.

Restricted Reporting

This option is recommended for victims of sexual assault who wish to confidentially disclose the crime to specifically identified individuals and receive medical treatment and counseling without triggering the official investigative process. Service members who are sexually assaulted and desire restricted reporting under this policy must report the assault to a Sexual Assault Response Coordinator, Victim Advocate, or a healthcare provider.

As provided for above, victims may also discuss the assault with a chaplain. Discussing the assault with a chaplain is not a restricted report under this policy, it is a communication that may be protected under the Military Rules of Evidence (MRE) or applicable statues and regulations. The restricted reporting process does not affect any privilege recognized under the MRE. This policy on restricted reporting is in addition to the current protections afforded by privileged communications with a chaplain, and does not alter or affect those protections.

Healthcare providers will initiate the appropriate care and treatment, and report the sexual assault to the Sexual Assault Response Coordinator in lieu of reporting the assault to law enforcement or the command. Upon notification of a reported sexual assault, the Sexual Assault Response Coordinator will immediately assign a Victim Advocate to the victim. The assigned Victim Advocate will provide accurate information on the process of restricted vice unrestricted reporting.

At the victim’s discretion/request an appropriately trained healthcare provider shall conduct a sexual assault forensic examination (SAFE), which may include the collection of evidence. In the absence of a DoD provider, the service member will be referred to an appropriate civilian facility for the SAFE.

Who May Make A Restricted Report

Restricted reporting is available to military personnel of the Armed Forces and the Coast Guard and active duty dependents. Military personnel include members on active duty and members of the Reserve component (Reserve and National Guard) provided they are performing federal duty (active-duty training or inactive-duty training and members of the National Guard in federal (Title 10) status). Members of the Reserve Component not performing federal duty are not eligible. Retired members of any component are not eligible. Adult dependents, 18 years of age and older, are eligible when sexually assaulted by someone other than their spouse or intimate partner. DoD civilian employees are eligible for consultation with a Victim Advocate to gain a referral to local community-based advocacy, counseling and medical services.

Considerations when Electing a Restricted Reporting Decision

Benefits

• You receive appropriate medical treatment, advocacy, and counseling.
• Provides some personal space and time to consider your options and to begin the healing process.
• Empowers you to seek relevant information and support to make more informed decisions about participating in the criminal investigation.
• You control the release and management of your personal information.
• You decide whether and when to move forward with initiating an investigation.

Limitations

• Your assailant remains unpunished and capable of assaulting other victims.
• You cannot receive a military protective order.
• You will continue to have contact with your assailant, if he/she is in your organization or billeted with you.
• Evidence from the crime scene where the assault occurred will be lost, and the official investigation, should you switch to an unrestricted report, will likely encounter significant obstacles.
• You will not be able to discuss the assault with anyone, to include your friends, without imposing an obligation on them to report the crime. The only exceptions would be chaplains, designated healthcare providers, your assigned Victim Advocate and the Sexual Assault Response Coordinator.
• You will be ineligible to invoke the collateral misconduct provision of the Department'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.

Unrestricted Reporting

This option is recommended for victims of sexual assault who desire medical treatment, counseling and an official investigation of the crime. When selecting unrestricted reporting, you should use current reporting channels, e.g. chain of command, law enforcement or report the incident to the Sexual Assault Response Coordinator, or request healthcare providers to notify law enforcement. Upon notification of a reported sexual assault, the Sexual Assault Response Coordinator will immediately assign a Victim Advocate. 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.

This command will act on all reports of sexual assault. First and foremost, victims will be treated with dignity, fairness, and respect. Victims will have access to medical care, counseling, and victim advocacy.

All unrestricted reports of sexual assault will be thoroughly investigated by the US Army Criminal Investigation Command (CID).

Furthermore, by direction of the Secretary of Defense, disposition authority for allegations of rape, sexual assault, and forcible sodomy is withheld to brigade commanders. This means that brigade commanders, at a minimum, are required to make decisions regarding cases involving such crimes.

Sexual assault is a crime and will not be tolerated at Fort Hamilton or the Army.

Sexual assault is a crime.

Department of Defense defines sexual assault as intentional sexual contact, characterized by use of force, physical threat or abuse of authority, or when the victim does not or cannot consent. Consent should not be deemed or construed to mean the failure by the victim to offer physical resistance. Additionally, consent is not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated or unconscious.

Sexual assault includes rape, non-consensual sodomy (oral or anal sex), indecent assault (e.g., unwanted and inappropriate sexual contact or fondling) or attempts to commit these acts. Sexual assault can occur without regard to gender, spousal relationship or age of victim.

I have been sexually assaulted. What should I do?

• Go to a safe location away from the attacker.
• Contact your local Sexual Assault Response Coordinator, Victim Advocate or healthcare provider. You also may contact your chain of command or law enforcement (military or civilian), however if you do, an investigation will be initiated through the appropriate Criminal Investigative Service or local law enforcement agency.
• Seek medical care as soon as possible. Even if 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. If you suspect you had been drugged, request that a urine sample be collected.
• Preserve all evidence of the assault. Do not bathe, wash your hands, eat or drink or brush your teeth. Do not clean or straighten up the crime scene.
• Write down, tape or record by any other means all the details you can recall about the assault and your assailant.

Sexual Harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature between the same or opposite genders when submission to, or rejection of, such conduct explicitly or implicitly affects an individual’s employment, work performance, or creates a hostile or intimidating work environment.

Fort Hamilton

DoD

• DoD Directive 6495.01: Sexual Assault Prevention and Response Program
• DoD Instruction 6495.02 - Sexual Assault Prevention and Response Program Procedures

Army

• AR 350-1: Army Training and Leader Development
• AR 600-20: Army Command Policy

• FORT HAMILTON SHARP HOTLINE: 347-452-4302 - Help is available 24/7
• DoD Safe Helpline: 1-877-995-5247
• Military One Source: 1-800-342-9647
• National Assault Hotline: 1-800-656-HOPE (4673)
• DoD Sexual Assault Prevention and Response Office