DODD 5505.8 01/24/05
DEFENSE CRIMINAL INVESTIGATIVE ORGANIZATIONS AND OTHER DOD LAW ENFORCEMENT ORGANIZATIONS INVESTIGATIONS OF SEXUAL MISCONDUCT
| Organization: | DODD |
| Publication Date: | 24 January 2005 |
| Status: | inactive |
| Page Count: | 5 |
scope:
This Instruction:
Reissues and updates reference (a) under the authority of reference (b) and updates DoD procedures regarding the initiation of criminal investigations into certain types of sexual misconduct, as defined in this Instruction.
Updates reference (a) to identify reference (c) as a basis for this policy.
Implements reference (d) and the Deputy Secretary of Defense Memorandum (reference (e)) concerning the use of law enforcement tools to pursue indicators of trafficking in persons.
Provides that, as a matter of investigative priorities and resource limitations, Defense Criminal Investigative Organizations (DCIOs) and other DoD law enforcement organizations shall normally refer allegations involving only adult private consensual sexual misconduct to the commander(s) of the Service member(s) for appropriate disposition.
Authorizes the DCIOs, to ensure their independence, objectivity, and effectiveness, to initiate investigations into adult private consensual sexual misconduct without obtaining a referral from the commander(s) of the Service member(s). They may do so, however, only if the Director, the Commander, or the Principal Deputy of the DCIO determines that there is credible information that an offense has been committed and that the expenditure of investigative resources is appropriate.
Should not be construed to limit or preclude the investigation of criminal activity associated with sex trafficking or severe forms of trafficking in persons proscribed by references (d) and (e); Chapter 77 of title 18, United States Code (U.S.C.); and Chapter 78 of title 22, U.S.C. (references (f) and (g)).
APPLICABILITY. This Instruction applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the "DoD Components").
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