DoD Issues Confidentiality Policy for Sexual Assault Victims

[paineinthearse]

U.S. Department of Defense
Office of the Assistant Secretary of Defense (Public Affairs)
News Release


On the Web:
http://www.dod.gov/releases/2005/nr20050318-2247.html
Media contact: [phone] Public contact:
http://www.dod.mil/faq/comment.html
or [phone]

--------------------------------------------------------------------------------

No. 267-05
IMMEDIATE RELEASE March 18, 2005

--------------------------------------------------------------------------------

DoD Issues Confidentiality Policy for Sexual Assault Victims
The Department of Defense announced today a new policy that establishes Department guidelines for confidential, restricted reporting by victims of sexual assault.

Restricted reporting allows a sexual assault victim, on a confidential basis, to disclose the details of his/her assault to specifically identified individuals and receive medical treatment and counseling, without triggering the official investigative process.

“Through our research, we have learned that providing confidentiality to victims will actually increase the probability that cases will be reported, cases that are currently unknown to us,” said Under Secretary of Defense for Personnel and Readiness David S.C. Chu. “While we want to sustain good order and discipline by holding those who assault their fellow service members accountable for their actions, first and foremost we want victims to come forward for help.”

Many experts claim that sexual assault is the most under-reported violent crime in the nation and in the military. Many victims are unprepared to withstand the rigors of a full-fledged investigation immediately following their assault. Rather than comply with the Department’s former policy of mandatory reporting, some victims did not seek treatment, thereby denying themselves access to needed medical services and support.

Restricted reporting is intended to give a victim additional time and increased control over the release and management of his/her personal information, and to empower him/her to seek relevant information and support to make more informed decisions about participating in a criminal investigation. A victim who receives appropriate care and treatment, and is provided an opportunity to make an informed decision about a criminal investigation, is more likely to develop increased trust that his/her needs are of primary concern to the command and may eventually decide to pursue an investigation. Even if the victim chooses not to pursue an official investigation, this additional reporting avenue gives commanders a clearer picture of the sexual violence within their command, and enhances a commander’s ability to provide an environment, which is safe and contributes to the well-being and mission-readiness of all of its members.

The Joint Task Force for Sexual Assault Prevention and Response (JTF-SAPR), in conjunction with the Military Services, will coordinate specific implementation details. The magnitude of this change requires extensive, in-depth training for all DoD personnel and specialized training for commanders, senior enlisted advisors, investigators, healthcare providers and others involved in sexual assault response.

To ensure consistent application across the military services, the confidentiality policy will become effective 90 days from the date the memorandum to the military departments was issued, which was Mar.16 2005.

The Office of the Secretary of Defense will be working closely with the military departments to implement the policies in an effective and timely manner. The joint task force will continue to provide oversight of the process. The policy memorandum can be found at http://www.defenselink.mil/news/Mar2005/d20050318dsd.pdf.

[Warpy]

1. Prosecuting a rape is a legal horror show

and most rape victims who do prosecute say they will never do so again no matter what the outcome of their case was. They all report being raped again by the system and especially by a defense attorney who breaks all confidentiality and rape shield protections repeatedly and is admonished only by a silly "the jury will disregard that" from the judge.

Until these asshole defense attorneys get real DISCIPLINE for violating a plaintiff's rights in these cases, bringing charges against a rapist will continue to be impossible for more victims to do.

Confidentiality in treatment is a good step, ensuring that victims will get the medical care they need in a timely fashion without bringing the cops in against their will. When the judiciary gets its act together and starts throwing "win at all costs" defense lawyers into jail for contempt and hitting them with big fines, maybe we'll have a safe enough process for victims to navigate.