Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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96
• To the extent practicable, preferential consideration related to the reassignment should be based on the victim’s desires. _____ If the alleged offender is a foreign national or from a coalition force, confer with SJA on responsibilities, options, and victim’s rights (in theater. _____ Brigade commanders should consider deferring discipline for victim misconduct until all investigations are completed and the sexual assault allegation has been resolved. Keep in mind the implications of this decision on speedy trial and/or statute of limitations and consult your TC. When practicable, consult with the servicing legal office, CID, and notify the assigned
SAPR VA or SARC prior to taking any administrative or disciplinary action affecting the victim.
Reporting and Notification Requirements
23. _____ Complete a CCIR in accordance with local policy. _____ Confirm the SARC entered all reported sexual assaults into the DoD Sexual Assault Incident Database (DSAID) within 48 hours of the report. _____ Complete and forward the SAIRO report within 8 calendar days of the unrestricted report. _____ Attend the monthly Sexual Assault Review Board (SARB) Meeting. If the Deputy Installation Commander, chair the monthly SARB meeting. Direct the required SARB members attend the meetings. _____ Update the victim on the status of the case within 72 hours of the monthly SARB.
28. _____ Ensure the victim receives monthly reports regarding the status of the sexual assault investigation from the date the investigation was initiated until there is a final disposition of the case (the commander can update the victim within 72 hours of the SARB). If the victim or alleged offender is transferred or redeployed prior to the case closing, coordinate with investigative and SJA personnel before ceasing monthly updates on parties involved. _____ If you are the Battalion Commander, update the victim on the status of the case within 14 days of the unrestricted report and within 45 days of the final disposition of the accused’s case.

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