ALCOAST 209/09
COMDTNOTE 1754
SUBJ:  SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM
POLICY REVISIONS
A. SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM, COMDTINST
1754.10 (SERIES)
B. COAST GUARD FAMILY ADVOCACY PROGRAM, COMDTINST 1750.7 (SERIES)
1. THIS ALCOAST UPDATES POLICY IN REF A AND REF B. THIS
INFORMATION HAS RECENTLY BEEN PROVIDED TO FAMILY ADVOCACY
SPECIALISTS (FAS) AND EMPLOYEE ASSISTANCE PROGRAM COORDINATORS
(EAPC) WHO ACT IN THE CAPACITY OF SEXUAL ASSAULT RESPONSE
COORDINATORS (SARC).
2. THE TITLE VICTIM SUPPORT PERSON (VSP) IS CHANGED TO VICTIM
ADVOCATE (VA) TO REFLECT THE PROFESSIONAL ASSISTANCE THAT A TRAINED
ADVOCATE PROVIDES TO VICTIMS.
3. THE TERM RAPE/SEXUAL ASSAULT IS CHANGED TO SEXUAL ASSAULT AS
RAPE IS A SUBCATEGORY OF SEXUAL ASSAULT AND INCLUDES SEXUAL
ASSAULTS BETWEEN RELATED PEOPLE WITHIN FAMILIES AS WELL AS SEXUAL
ASSAULTS BETWEEN NON-RELATED PEOPLE.
4. THE DEFINITION OF SEXUAL ASSAULT HAS BEEN CLARIFIED. SEXUAL
ASSAULT IS INTENTIONAL SEXUAL CONTACT, CHARACTERIZED BY USE OF
FORCE, THREATS, INTIMIDATION, ABUSE OF AUTHORITY, OR WHEN THE
VICTIM DOES NOT OR CANNOT CONSENT. SEXUAL ASSAULT INCLUDES RAPE,
FORCIBLE SODOMY, AND OTHER UNWANTED SEXUAL CONTACT (E.G., KISSING)
THAT IS AGGRAVATED, ABUSIVE, OR WRONGFUL (TO INCLUDE UNWANTED AND
INAPPROPRIATE SEXUAL CONTACT), OR ATTEMPTS TO COMMIT THESE ACTS.
CONSENT MEANS WORDS OR OVERT ACTS INDICATING A FREELY GIVEN
AGREEMENT TO THE SEXUAL CONDUCT AT ISSUE BY A COMPETENT PERSON. AN
EXPRESSION OF REFUSAL OR LACK OF CONSENT THROUGH WORDS OR CONDUCT
MEANS THERE IS NO CONSENT (E.G., NO MEANS NO). LACK OF VERBAL OR
PHYSICAL RESISTANCE OR SUBMISSION RESULTING FROM THE ACCUSEDS USE
OF FORCE, THREAT OF FORCE, PLACING ANOTHER PERSON IN FEAR, OR ABUSE
OF RANK OR AUTHORITY DOES NOT CONSTITUTE CONSENT. THE VICTIMS LACK
OF VERBAL OR PHYSICAL RESISTANCE OR SUBMISSION RESULTING FROM
INTOXICATION, FROM UNCONSCIOUSNESS DUE TO SLEEP OR ALCOHOL
CONSUMPTION, OR FROM ANY OTHER CONDITION WHICH RENDERS THE PERSON
SUBSTANTIALLY INCAPACITATED OR SUBSTANTIALLY INCAPABLE OF
UNDERSTANDING THE NATURE OF THE SEXUAL ACT, DECLINING PARTICIPATION
IN THE ACT, OR COMMUNICATING UNWILLINGNESS TO ENGAGE IN THE SEXUAL
ACT DOES NOT CONSTITUTE CONSENT. A CURRENT OR PREVIOUS DATING
RELATIONSHIP BY ITSELF SHALL NOT CONSTITUTE CONSENT. THE MANNER OF
DRESS OF THE VICTIM SHALL NOT CONSTITUTE CONSENT. SPECIFIC
DEFINITIONS OF THE ELEMENTS OF THE SEXUAL ASSAULT AND SEXUAL
CONTACT OFFENSES ARE FOUND IN ARTICLE 120, UNIFORM CODE OF MILITARY
JUSTICE.
5. RESTRICTED REPORTING IS AVAILABLE TO ACTIVE DUTY VICTIMS OF
SEXUAL ASSAULT (OR A SPOUSE SEXUALLY ASSAULTED BY ACTIVE DUTY
SPOUSE) PROVIDING THE SEXUAL ASSAULT IS DISCLOSED ONLY TO AN
EMPLOYEE ASSISTANCE PROGRAM COORDINATOR (EAPC), A FAMILY ADVOCACY
SPECIALIST (FAS), VICTIM ADVOCATE (VA) OR HEALTH CARE PROVIDER
(HCP).
6. EAPCS/SARCS SHALL SUBMIT INITIAL, MONTHLY AND FINAL REPORTS TO
MS. SHAWN WREN, SAPR PROGRAM MANAGER, COMDT (CG-1112) ON ALL
ALLEGED SEXUAL ASSAULT CASES INVOLVING NON-FAMILY MEMBERS.
EAPCS/SARCS SHALL SHARE WITH THE SERVICING FAS ANY SEXUAL ASSAULT
REPORTS BETWEEN RELATED FAMILY MEMBERS. EAPCS/SARCS SHALL USE THE
REVISED REPORT FORMAT FOR UNRESTRICTED AND RESTRICTED REPORTS THAT
HAS ALREADY BEEN PROVIDED BY COMDT (CG-1112). THE REPORTS SHALL BE
SUBMITTED BY EMAIL AND SHALL BE PASSWORD PROTECTED. A VICTIM
REPORTING PREFERENCE STATEMENT (VRPS) MUST BE SIGNED BY ALL ACTIVE
DUTY VICTIMS AND MAINTAINED IN THE CASE FILE FOR EACH SEXUAL
ASSAULT INCIDENT.
7. THE FAMILY ADVOCACY PROGRAM IS ACCEPTING RESTRICTED REPORTS FOR
SEXUAL ASSAULTS BETWEEN RELATED ADULT FAMILY MEMBERS, WHETHER THEY
ARE THE ACTIVE DUTY SERVICE MEMBER OR SPOUSE. FAS SHALL SHARE WITH
THE SERVICING EAPC/SARC ANY SEXUAL ASSAULT CASES BETWEEN NON-
RELATED ADULTS. FAMILY ADVOCACY PROGRAM CASES WHICH INVOLVE
RESTRICTED REPORTS SHALL BE MANAGED BY THE FAS IN THE SAME MANNER
AS UNRESTRICTED REPORTS WITH THE FOLLOWING EXCEPTIONS: 1) THE
VICTIMS COMMAND WILL NOT BE NOTIFIED, 2) THE ALLEGED OFFENDER WILL
NOT BE CONTACTED, 3) ONLY AN INITIAL FORM CG-5488 IS REQUIRED, AS
THE CASE IS NOT PRESENTED TO THE INCIDENT DETERMINATION COMMITTEE
AND NO INCIDENT STATUS DETERMINATION IS MADE, AND 4) CASE RECORDS
INVOLVING RESTRICTED REPORTS ARE MAINTAINED IN A SEPARATE LOCATION
FROM UNRESTRICTED REPORTS. FOR ALLEGED SEXUAL ASSAULT INCIDENTS
BETWEEN RELATED ADULT FAMILY MEMBERS WHICH ARE INITIALLY REPORTED
TO THE FAS, THE FAS SHALL SUBMIT AN INITIAL RESTRICTED OR
UNRESTRICTED SEXUAL ASSAULT REPORT IN THE REVISED REPORT FORMAT
ALREADY PROVIDED BY COMDT (CG-1112) TO THE SAPR PROGRAM MANAGER IN
COMDT (CG-1112). THESE REPORTS SHALL BE SENT BY EMAIL AND SHALL BE
PASSWORD PROTECTED. A VICTIM REPORTING PREFERENCE STATEMENT (VRPS)
SHALL BE SIGNED BY ALL VICTIMS OF SEXUAL ASSAULT AND MAINTAINED IN
THE CASE FILE FOR EACH SEXUAL ASSAULT INCIDENT.
8. THESE POLICY CHANGES WILL BE REFLECTED IN UPCOMING REVISIONS TO
REFS A AND B.
9. POC: MS. SHAWN WREN, COMDT (CG-1112), 202-475-5163 OR
EMAIL: SHAWN.M.WREN(AT)USCG.MIL.
10. RELEASED BY RADM MARK TEDESCO, DIRECTOR OF HEALTH, SAFETY AND
WORK-LIFE.
11. INTERNET RELEASE AUTHORIZED.