D. Reports of Sexual Assault

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call CID immediately, and CID has a responsibility to investigate. If a restricted report already exists, CID should conduct an independent investigation without the assistance of the victim,
SARC or VA. If a restricted report does not exist at the time when the SARC is notified by CID or the command, then the report is unrestricted. Commanders should be aware of the Victim Confiding in Another Person provision of DoDI 6495.02 (victim can maintain a restricted report even if they tell someone outside the chain of command) as well as any local policies on the duty of Soldiers to report sexual assault. Commanders should work with SARCs to correctly train all Soldiers outside the chain of command on what they should do when their friend or teammate tells them about asexual offense. The guidelines you are required to follow are found in paragraph 8-5 and in Appendix F of AR 600-20. You should also be familiar with
DoDI 6495.02. You need to go to these references to ensure that you completely comply with them, and you need to seek help from those who have special training in this issue.
1. Immediate Action Drill 1: Relay Report To Law Enforcement
Report EVERY allegation of asexual assault offense to CID immediately. You must
also inform your chain of command, servicing judge advocate, and the SARC.
At your level, there very little discretion in what you do when you hear about asexual assault. If you learn about an allegation of sexual assault, you must report that allegation to CID immediately. DO NOT conduct any internal command directed investigation into the sexual assault.
Sexual assault is broadly defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. The term sexual assault when used for reporting purposes, may include the crimes of rape, sexual assault (which now includes nonconsensual oral and anal sex, abusive or aggravated sexual contact, and attempts to commit these acts. If the offense occurred on or after 1 January 2019, then a report that any part of the offender’s body or an object touched the victim’s vulva, penis, scrotum, anus, groin, breast, inner thigh or buttocks, should be reported to CID. If there is any type of contact, regardless of where the contact occurred, which was alleged to have intended to arouse the sexual desire of any person, then call your judge advocate or CID to determine who the investigative authority will be.
Many sexual harassment allegations involving contact may fall into the category of abusive sexual contact. When in doubt, call CID and your judge advocate. Also, keep in mind that rape and sexual assault are commonly interchanged, but there are legal distinctions.
The Department of Defense defines asexual assault victim as anyone who makes an allegation of sexual assault. You should not make a credibility judgment about the victim, and decide not to treat them as a victim. You must treat the victim with dignity and respect at all times. You must also remember that the alleged perpetrator is presumed innocent until proven guilty in a court of law.

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