Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- Army Regulation 600-20, Chapter 8
| 3. UCMJ Violations Violations of the policy as defined in AR 600-20 paras. 4-14 and 4-15 maybe punished under Article 92, UCMJ, Failure to obey general order or regulation. If the offender is an officer, the conduct maybe punished under Article 134, Fraternization. Applicable punitive articles under the UCMJ may include • Articles 90 & 92: Disobedience of a Lawful Order or Regulation Article a Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust Article 133: Conduct Unbecoming an Officer Article 134: Fraternization Article 134: Extramarital Sexual Conduct. Return to Table of Contents Return to Table of Contents 85 12 Proper Responses to Reports of Sexual Assault The DoD policy on sexual assault is found in Department of Defense Instruction 6495.02. Army policy on sexual assault is found in Army Regulation 600-20, Chapter 8. Here is the policy statement from your senior leaders, found in paragraph 8-2: “Sexual assault is a criminal offense that has no place in the Army. It degrades mission readiness by devastating the Army’s ability to work effectively as a team . . . Sexual assault is incompatible with Army values and is punishable under the UCMJ and other Federal and local civilian laws . . . The Army will treat all victims of sexual assault with dignity, fairness, and respect . . . The Army will treat every reported sexual assault incident seriously by following proper guidelines.” • Asexual assault report is one of the most sensitive issues that you will have to deal with as a commander. This is especially true if both the victim and the alleged offender are in your unit. • All commanders must immediately report information about asexual assault to CID, make sure all notification and reporting requirements are completed, protect sensitive information, and work with CID, the Trial Counsel (TC) and possibly the Special Victim Counsel (SVC) throughout the military justice process. • The victim’s commander must ensure the safety and well-being of the victim, reserve judgment on the credibility of the report, treat the victim with dignity and respect, and protect the victim from retaliation. • The accused’s commander must ensure the safety and well-being of the accused, make sure the accused is flagged, understand the accused is innocent until proven guilty, and protect the accused from pretrial punishment and ostracism in the unit. The Department of Defense (DoD) and the Army are committed to reducing sexual assault incidents, while increasing reporting rates, through a comprehensive policy that includes prevention, training/education, victim advocacy, response, reporting and accountability. Download 4.49 Mb. Share with your friends:
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