scope:

Purpose

a. This instruction updates policy and procedural guidance for the Department of the Navy (DON) Sexual Assault Prevention and Response (SAPR) Program, implements changes to references (a) and (b), and implements references (c) and (d).

b. In addition, this instruction utilizes material in reference (e) as recommended by the Department of Defense (DoD) as a guide for fulfilling requirements of section 1743 of reference (f) for designated commanders to submit a written incident report no later than eight days after an Unrestricted Report of sexual assault has been made to a Sexual Assault Response Coordinator (SARC) or Sexual Assault Prevention and Response Victim Advocate (SAPR VA) through a "Victim Reporting Preference Statement" (DD Form 2910) or an independent investigation has been initiated by a Military Criminal Investigative Organization (MCIO).

c. This instruction also consolidates current DoD guidance specifically related to Service-level SAPR procedures and program management references (a) through (e). In particular, enclosure (2) compiles glossary entries across these references; enclosure (3) compiles relevant responsibilities with added DONspecific detail; enclosures (6) through (14) reflect counterpart enclosures to reference (b); enclosure (15) reflects its counterpart enclosure to reference (c); enclosure (16) reflects the attachment to reference (d); and enclosure (17) reflects its counterpart attachment to reference (e). d. Reference (g) directed fifty-year retention of the DD Form 2910 and the "DoD Sexual Assault Forensic Examination (SAFE) Report" (DD Form 2911), in accordance with section 1723 of reference (f). This requirement is separately implemented by reference (h), which remains in effect.

Applicability

a. This instruction applies to:

(1) All organizational entities of the DON and its two component Military Services, the United States Navy, and the United States Marine Corps, including their Reserve Components.

(2) National Guard (NG) and Reserve Members who were sexually assaulted when performing active service, as defined in section 101(d)(3) of reference (i), and inactive duty training. If reporting a sexual assault that occurred prior to or while not performing active service or inactive training, NG and Reserve Members will be eligible to receive timely access to SAPR advocacy services from a SARC and a SAPR VA, and the appropriate non-medical referrals, if requested, in accordance with section 584(a) of reference (j) as amended by Section 1724 of reference (f). They also have access to a Special Victims' Counsel or Victims' Legal Counsel (SVC/VLC) in accordance with section 1044e of reference (i) and are eligible to file a Restricted or Unrestricted Report. Reports of prior-to-military service sexual assault shall be handled in accordance with procedures outlined in this instruction for Restricted and Unrestricted Reports, as appropriate based on the type of report made. Reserve Component Members can report at any time and do not have to wait to be performing active service or be in inactive training to file their report.

(3) Military dependents 18 years of age and older who are eligible for treatment in the Military Healthcare System (MHS) at installations in the Continental United States and Outside of the Continental United States (OCONUS) and who were victims of sexual assault perpetrated by someone other than a spouse or intimate partner (see enclosure (2)). Adult military dependents may file Restricted or Unrestricted Reports of sexual assault.

(4) The following non-military individuals who are victims of sexual assault are only eligible for limited emergency care medical services at a Military Treatment Facility (MTF), unless that individual is otherwise eligible as a Service Member or TRICARE (http://www.tricare.mil) beneficiary of the MHS to receive treatment in an MTF at no cost to them. At this time, they are only eligible to file an Unrestricted Report. They shall also be offered limited SAPR services to be defined as the assistance of a SARC and a SAPR VA while undergoing emergency care OCONUS. These limited medical and SAPR services shall be provided to:

(a) DoD civilian employees and their family dependents 18 years of age and older when they are stationed or performing duties OCONUS and eligible for treatment in the MHS at military installations or facilities OCONUS. These DoD civilian employees and their family dependents 18 years of age and older only have the Unrestricted Reporting option;

(b) 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. Additional medical services may be provided to contractors covered under this instruction, per reference (k) as applicable.

(5) Service Members who were victims of sexual assault PRIOR to enlistment or commissioning are eligible to receive SAPR services (see enclosure (2)) under either reporting option. The DON shall provide support to Service Members regardless of when or where the sexual assault took place. The SARC or SAPR VA will assist a victim to complete a DD Form 2910 and provide advocacy services and the appropriate referrals, if requested, for victimization occurring prior to military service.

(a) 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;

(b) Reports of prior-to-military service sexual assault will be handled in accordance with the procedures for Restricted and Unrestricted Reports outlined in this instruction as appropriate for the type of report made.

b. This instruction does NOT apply to victims of sexual assault perpetrated by a spouse or intimate partner (see enclosure (2)) or military dependents under the age of 18 who are sexually assaulted. Reference (l) provides the full range of services to those individuals. When a sexual assault occurs as a result of domestic abuse or involves child abuse, the installation SARC and the installation Family Advocacy Program (FAP) staff will direct the victim to FAP.