Sexual Assault
Intentional sexual contact characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. Sexual Assault 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 offenses.
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 does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also 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. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious.
A person cannot consent while under threat or in fear. A person cannot consent if the subject makes a fraudulent representation that the sexual act serves a professional purpose or induces a belief that the subject is another person. All the surrounding circumstances are considered when determining whether a person gave consent. A person's previous sexual acts, experiences, and/or history does not constitute consent.
Privileged Communication: Certain communications in the SAPR process are protected by privilege, meaning they cannot be disclosed without the victim’s consent except in limited circumstances required by law (e.g., imminent harm, child abuse, or court order.
Restricted Report: Confidential report by an adult sexual assault victim to a SARC, SAPR VA, or healthcare provider that allows access to medical, counseling, and advocacy services without triggering law enforcement or command notification.
Unrestricted Report
Report of sexual assault made to a SARC, SAPR VA, healthcare provider, chain of command, law enforcement, or legal personnel that provides the victim access to medical care, counseling, advocacy, and command support, and triggers both a law enforcement investigation and command notification.
Sexual Assault Response Coordinator
The SARCs shall serve as the single point of contact at an installation or command, or within a geographic area. The SARCs oversee sexual assault awareness, prevention, response training, coordinates medical treatment and emergency care for victims of sexual assault, and tracks the services provided to a victim from the initial report through final disposition and resolution.
Sexual Assault Prevention and Response Victim Advocate
The SAPR VA shall provide coordination and encourage victim service referrals and ongoing, nonclinical support to the victim of a reported sexual assault and facilitate care in accordance with the Sexual Assault Response Protocols prescribed SAPR Policy Toolkit located on www.sapr.mil. Assist the victim in navigating those processes required to obtain care and services needed. Support will include providing information on available options and resources so the victim can make informed decisions about his or her case. The SAPR VA will be directly accountable to the SARC in adult sexual assault cases (not under the FAP jurisdiction) and shall provide victim advocacy for adult victims of sexual assault.
Victims’ Legal Counsel
The Marine Corps Victims' Legal Counsel Organization is fully committed to provide legal advice, counseling, and representation to victims of sexual assault and other crimes, and to protect victims' rights at all stages of the military justice process.
Catch a Serial Offender (CATCH) Program
The Catch a Serial Offender (CATCH) Program is voluntary and allows an eligible adult sexual assault victim to submit an anonymous entry into the CATCH database to discover if the suspect in their report may have also assaulted another person (i.e., a “potential match” in the CATCH website). The CATCH Program is implemented through procedures set forth in the DoDI 5505.18 “Investigation of Adult Sexual Assault in the Department of Defense,” March 22, 2017, as amended, Incorporating Change 5, July 26, 2024, and the procedures in the USD(P&R) CATCH Memo. To access the CATCH website, please click here. Please use this link: www.sapr.mil/catch (1) Eligible adult sexual assault victims in accordance with the DoD Instruction 6495.02, Volume 1, “Sexual Assault Prevention and Response (SAPR) Program Procedures,” March 28, 2013, as amended, Incorporating Change 8, July 26, 2024 include those: (a) Who file, or have already filed, a Restricted Report with a DD Form 2910. A Restricted Report will not be converted to an Unrestricted Report based on the information provided by the victim to the CATCH Program without the victim’s written permission on a revised DD Form 2910. (b) Who file, or have already filed, an Unrestricted Report with a DD Form 2910 and the identity of their suspect was not disclosed by the victim or uncovered by law enforcement, to include MCIOs (e.g., third-party report with no suspect identification). (c) Who do not want to or are not ready to file an official report of sexual assault (through a DD Form 2910 or to law enforcement) but DO want to submit an entry in the CATCH System. Eligible victims will be able to submit a SAPR-related inquiry (SRI) CATCH Entry through a SARC or SAPR VA with a DD Form 2910-4, “Catch A Serial Offender (CATCH) Program Explanation and Notification Form for SAPR Related Inquiry (SRI) CATCH Entries”. If notified of a potential match, the SRI CATCH Entry victim can decide whether to file an Unrestricted Report and/or participate in the MCIO investigation.