Department of Defense

INSTRUCTION

NUMBER 6495.02 March 28, 2013

Incorporating Change 3, May 24, 2017

 

USD(P&R)

 

 

SUBJECT: Sexual Assault Prevention and Response (SAPR) Program Procedures

 

References: See Enclosure 1

 

 

1. PURPOSE. This Instruction reissues DoD Instruction (DoDI) 6495.02 (Reference (a)), in

accordance with the authority in DoD Directives (DoDD) 5124.02 and 6495.01 (References (b)

and (c)):

 

a. Establishes policy and implements Reference (c) and assigns responsibilities and provides

guidance and procedures for the SAPR Program (see Glossary in Reference (c)).

 

b. Establishes the processes and procedures for the Sexual Assault Forensic Examination

(SAFE) Kit.

 

c. Establishes the multidisciplinary Case Management Group (CMG) (see Glossary) and

provides guidance on how to handle sexual assault.

 

d. Establishes SAPR minimum program standards, SAPR training requirements, and SAPR

requirements for the DoD Annual Report on Sexual Assault in the Military consistent with Title

10, United States Code (Reference (d)) the DoD Task Force Report on Care for Victims of

Sexual Assault (Reference (e)) and pursuant to References (b) and (c), and Public Laws 106-65,

108-375, 109-163, 109-364, 110-417, 111-84, 111-383, 112-81, 112-239, 113-66, and 113-291

(References (f) through (p)).

 

e. Implements section 536 of the National Defense Authorization Act (NDAA) for Fiscal

Year (FY) 2016 (Reference (q)) that preempts State laws that require disclosure of personally

identifiable information (PII) of the adult sexual assault victim or alleged perpetrator to local or

State law enforcement.

 

f. Incorporates and cancels Directive-Type Memorandum (DTM) 11-063 (Reference (r)) and

DTM 11-062 (Reference (s)) DTM 14-007(Reference (t)).

 

 

 

 

 

DoDI 6495.02, March 28, 2013

Change 3, 05/24/2017 2

 

2. APPLICABILITY

 

a. This Instruction applies to:

 

(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of

Staff and the Joint Staff, the Combatant Commands, the Inspector General of the Department of

Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational

entities within the DoD (hereinafter referred to collectively as the “DoD Components”).

 

(2) National Guard (NG) and Reserve members who are sexually assaulted when

performing active service, as defined in section 101(d)(3) of Reference (d), and inactive duty

training. If reporting a sexual assault that occurred prior to or while not performing active

service or inactive training, NG and Reserve members will be eligible to receive timely access to

SAPR advocacy services from a SARC and a SAPR VA, and the appropriate non-medical

referrals, if requested, in accordance with section 584(a) of the NDAA for FY 2012 (Reference

(m)), as amended by Section 1724 of the NDAA for FY 2014 (Reference (o)). They also have

access to a Special Victims’ Counsel or Victims’ Legal Counsel (SVC/VLC) in accordance with

section 1044e of Reference (d) and are eligible to file a Restricted or Unrestricted Report.

Reports of prior- to- military service sexual assault shall be handled in accordance with the

procedures for Restricted and Unrestricted Reports outlined in this Instruction, as appropriate

based on the type of report made (Restricted or Unrestricted). Reserve Component members can

report at any time, and do not have to wait to be performing active service or be in inactive

training to file their report.

 

(3) Military dependents 18 years of age and older who are eligible for treatment in the

military healthcare system (MHS), at installations in the continental United States (CONUS) and

outside of the continental United States (OCONUS), and who were victims of sexual assault

perpetrated by someone other than a spouse or intimate partner (See Glossary). Adult military

dependents may file unrestricted or restricted reports of sexual assault.

 

(4) The following non-military individuals who are victims of sexual assault are only

eligible for limited emergency care medical services at a military treatment facility (MTF),

unless that individual is otherwise eligible as a Service member or TRICARE

(http://www.tricare.mil) beneficiary of the military health system to receive treatment in a MTF

at no cost to them. At this time, they are only eligible to file an Unrestricted Report. They will

also be offered the LIMITED SAPR services to be defined as the assistance of a Sexual Assault

Response Coordinator (SARC) and a SAPR Victim Advocate (VA) while undergoing emergency

care OCONUS. These limited medical and SAPR services shall be provided to:

 

(a) DoD civilian employees and their family dependents 18 years of age and older

when they are stationed or performing duties OCONUS and eligible for treatment in the MHS at

military installations or facilities OCONUS. These DoD civilian employees and their family

dependents 18 years of age and older only have the Unrestricted Reporting option.

 

(b) U.S. citizen DoD contractor personnel when they are authorized to accompany

the Armed Forces in a contingency operation OCONUS and their U.S. citizen employees. DoD

 

 

DoDI 6495.02, March 28, 2013

Change 3, 05/24/2017 3

contractor personnel only have the Unrestricted Reporting option. Additional medical services

may be provided to contractors covered under this instruction in accordance with DoDI 3020.41

(Reference (u)) as applicable.

 

(5) Service members who were victims of sexual assault PRIOR to enlistment or

commissioning are eligible to receive SAPR services (see Glossary) under either reporting

option. The DoD shall provide support to Service members regardless of when or where the

sexual assault took place. The SARC or SAPR VA will assist a victim to complete a DD Form

2910, “Victim Reporting Preference Statement,” and provide advocacy services and the

appropriate referrals, if requested, for victimization occurring prior to military service.

 

(a) Prior- to- military service victimization includes adult sexual assault (including

stranger sexual assault and intimate partner sexual assault, if the victim is no longer in the same

intimate relationship) and sexual assault that was perpetrated on the Service member while he or

she was still a child.

 

(b) Reports of prior-to-military service sexual assault will be handled in accordance

with the procedures for Restricted and Unrestricted Reports outlined in this instruction, as

appropriate based on the type of report made (Restricted or Unrestricted).

 

b. This instruction does NOT apply to victims of sexual assault perpetrated by a spouse or

intimate partner (see Glossary), or military dependents under the age of 18 who are sexually

assaulted. The Family Advocacy Program (FAP), as described in Volume 2 of DoD Manual

6400.1 (Reference (v)), provides the full range of services to those individuals. When a sexual

assault occurs as a result of domestic abuse or involves child abuse, the installation SARC and

the installation FAP staff will direct the victim to FAP.

 

 

3. DEFINITIONS. See Glossary.

 

 

4. POLICY. It is DoD policy, in accordance with Reference (c), that:

 

a. This Instruction and Reference (c) establish and implement the DoD SAPR program.

Unrestricted and Restricted Reporting options are available to Service members and their adult

military dependents in accordance with this Instruction.

 

b. The DoD goal is a culture free of sexual assault, through an environment of prevention,

education and training, response capability (see Glossary), victim support, reporting procedures,

and appropriate accountability that enhances the safety and well-being of all persons covered by

this Instruction and Reference (c).

 

(1) While a sexual assault victim may disclose information to whomever he or she

chooses, an official report is made only when a DD Form 2910 is signed and filed with a SARC

or SAPR VA, or when a Military Criminal Investigative Organization (MCIO) investigator

initiates an investigation.

 

 

DoDI 6495.02, March 28, 2013

Change 3, 05/24/2017 4

 

(2) For Restricted and Unrestricted Reporting purposes, a report can be made to

healthcare personnel, but healthcare personnel then immediately contact the SARC or SAPR VA

to fill out the DD Form 2910. Chaplains and military attorneys cannot take official reports.

 

(3) State laws that require disclosure of PII of the adult sexual assault victim or alleged

perpetrator to local or State law enforcement are preempted by Reference (q).

 

(4) Unless a DD Form 2910 is filed with a SARC, a report to a Chaplain or military

attorney may not result in the rendering of SAPR services or investigative action because of the

privileges associated with speaking to these individuals. A Chaplain or military attorney should

advise the victim to consult with a SARC to understand the full scope of services available or

facilitate, with the victim’s consent, contact with a SARC.

 

c. The SAPR Program shall:

 

(1) Focus on the victim and on doing what is necessary and appropriate to support victim

recovery, and also, if a Service member, to support that Service member to be fully mission

capable and engaged.

 

(2) Require that medical care and SAPR services are gender-responsive, culturally

competent, and recovery-oriented as defined in the Glossary of Reference (c).

 

(3) Not provide policy for legal processes within the responsibility of the Judge

Advocates General (JAG) of the Military Departments provided in sections 801-946 of

Reference (d), also known and referred to in this instruction as the Uniform Code of Military

Justice (UCMJ); the Manual for Courts-Martial (Reference (u)); or for criminal investigative

matters assigned to the IG DoD.

 

d. Command sexual assault awareness and prevention programs and DoD law enforcement

(see Glossary) and criminal justice procedures that enable persons to be held appropriately

accountable for their actions shall be supported by all commanders.

 

e. Standardized SAPR requirements, terminology, guidelines, protocols, and guidelines for

training materials shall focus on awareness, prevention, and response at all levels, as appropriate.

 

f. SARC and SAPR VA shall be used as standard terms as defined in and in accordance with

Reference (c) throughout the Military Departments to facilitate communications and

transparency regarding SAPR response capability.

 

g. The SARCs shall serve as the single point of contact for coordinating care to ensure that

sexual assault victims receive appropriate and responsive care. All SARCs shall be authorized to

perform victim advocate duties in accordance with service regulations and will be acting in the

performance of those duties.

 

 

 

DoDI 6495.02, March 28, 2013

Change 3, 05/24/2017 5

h. All SARCs shall have direct and unimpeded contact and access to the installation

commander (see Glossary) and the immediate commander of the Service member victim and

alleged Service member offender for the purpose of this Instruction and Reference (c). The

installation commander will have direct contact with the SARC(s) and this responsibility is not

further delegable.

 

(1) If an installation has multiple SARCs on the installation, a Lead SARC shall be

designated by the Service.

 

(2) For SARCs that operate within deployable commands that are not attached to an

installation, they shall have access to the senior commander for the deployable command.

 

i. A 24 hours, 7 days per week sexual assault response capability for all locations, including

deployed areas, shall be established for persons covered in this Instruction. An immediate,

trained sexual assault response capability shall be available for each report of sexual assault in all

locations, including in deployed locations.

 

j. SARCs, SAPR VAs, and other responders (see Glossary) will assist sexual assault victims

regardless of Service affiliation.

 

k. Service member and adult military dependent victims of sexual assault shall receive

timely access to comprehensive medical and psychological treatment, including emergency care

treatment and services, as described in this Instruction and Reference (c).

 

l. Sexual assault victims shall be given priority, and treated as emergency cases. Emergency

care (see Glossary) shall consist of emergency medical care and the offer of a SAFE. The victim

shall be advised that even if a SAFE is declined the victim shall be encouraged (but not

mandated) to receive medical care, psychological care, and victim advocacy.

 

m. DoD prohibits granting a waiver for commissioning or enlistment in the Military Services

when the person has a qualifying conviction (see Glossary) for a crime of sexual assault or is

required to be registered as a sex offender.

 

n. There will be a safety assessment capability for the purposes of ensuring the victim, and

possibly other persons, are not in physical jeopardy. A safety assessment will be available to all

Service members, adult military dependents, and civilians who are eligible for SAPR services,

even if the victim is not physically located on the installation. The installation commander or the

deputy installation commander will identify installation personnel who have been trained and are

able to perform a safety assessment of each sexual assault victim, regardless of whether he or she

filed a Restricted or Unrestricted Report. Individuals tasked to conduct safety assessments must

occupy positions that do not compromise the victim’s reporting options. The safety assessment

will be conducted as soon as possible, understanding that any delay may impact the safety of the

victim.

 

(1) For Unrestricted Reports, if a victim is assessed to be in a high-risk situation, the

assessor will immediately contact the installation commander or his or her deputy, who will

 

 

DoDI 6495.02, March 28, 2013

Change 3, 05/24/2017 6

immediately stand up a multi-disciplinary High-Risk Response Team in accordance with the

guidance in Enclosure 9 of this Instruction. This will be done even if the victim is not physically

located on the installation.