Misc Pub 27-8 Legal Handbook Commander’s 2019


Alleged Offender’s Commander



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
Alleged Offender’s Commander
1. _____ Notify CID, military police, installation provost marshal (per AR 195–1, paragraph
6), and commanders in the chain of command (as appropriate) immediately after receiving a report of asexual assault incident. _____ Avoid questioning about the sexual assault allegation with the alleged offender, to the extent possible, since doing so may jeopardize the criminal investigation. _____ Contact your judge advocate.
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4. _____ Flag (suspend favorable personnel actions) any Soldier undercharges, restraint, or investigation for sexual assault in accordance with AR 600–8–2 (Suspension of Favorable Actions, and suspend the Soldier’s security clearance in accordance with AR
380–67, The Department of the Army Personnel Security Program. _____ Strictly limit information pertinent to an investigation to those who have a legitimate need-to-know.
6. _____ Ensure procedures are in place to inform the alleged offender, as appropriate, about the investigative and legal processes that maybe involved. _____ Ensure procedures are in place to inform the alleged offender about available counseling support. As appropriate, refer the alleged offender to available counseling groups and other services. _____ Monitor the well-being of the alleged offender, particularly for any indications of suicide ideation, and ensure appropriate intervention occurs if indicated. _____ With the benefit of the SARC, VA, legal, and/or investigative advice, determine the need fora no contact order, or the issuance of an MPO, DD Form 2873.
10. _____ Always confer with TC and/or servicing SJA office to consider legal options and responsibilities such as pretrial restraint and appropriate disposition of the alleged of- fense.
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