IMPLEMENTATION OF DOD POLICY AND PROGRAM DIRECTION FOR /PREVENTION OF, AND RESPONSE TO, SEXUAL ASSAULTS INVOLVING MEMBERS /OF THE ARMED SERVICES

RTAUZYUW RUEWMCS0428 1302244-UUUU--RUCRNAD.
ZNR UUUUU ZUI RUENAAA0428 1302244
R 102244Z MAY 05 ZYB
FM CNO WASHINGTON DC//N1//
TO NAVADMIN
BT
UNCLAS //N05354//
NAVADMIN 101/05
MSGID/GENADMIN/CNO WASHINGTON DC/N1/MAY//
SUBJ/IMPLEMENTATION OF DOD POLICY AND PROGRAM DIRECTION FOR
/PREVENTION OF, AND RESPONSE TO, SEXUAL ASSAULTS INVOLVING MEMBERS
/OF THE ARMED SERVICES//

GENTEXT/REMARKS/1.  THE FY-05 NATIONAL DEFENSE AUTHORIZATION ACT
REQUIRES IMPLEMENTATION OF A COMPREHENSIVE POLICY ON THE PREVENTION
AND RESPONSE TO SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED
SERVICES.  THIS IS THE FIRST IN A SERIES OF NAVADMINS ANNOUNCING
REVISED POLICY AND TRAINING REQUIREMENTS.  FUTURE NAVADMINS WILL
ADDRESS COMMANDER'S RESPONSIBILITIES UNDER THE REVISED GUIDELINES,
CHANGES TO THE NAVY SEXUAL ASSAULT AND VICTIM INTERVENTION
PROGRAM, AND RELATED MILITARY TRAINING REQUIREMENTS.
2.  THE DEPARTMENT OF DEFENSE HAS DIRECTED THE USE OF THE FOLLOWING
DEFINITIONS RELATED TO SEXUAL ASSAULT FOR TRAINING AND EDUCATION



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PURPOSES:
A.  SEXUAL ASSAULT IS A CRIME.  SEXUAL ASSAULT IS 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.  SEXUAL ASSAULT INCLUDES RAPE, NONCONSENSUAL SODOMY (ORAL
OR ANAL SEX), INDECENT ASSAULT (UNWANTED, INAPPROPRIATE SEXUAL
CONTACT OR FONDLING), OR ATTEMPTS TO COMMIT THESE ACTS.  SEXUAL
ASSAULT CAN OCCUR WITHOUT REGARD TO GENDER, SPOUSAL RELATIONSHIP,
OR AGE OF VICTIM.  CONSENT SHALL NOT BE DEEMED OR CONSTRUED TO
MEAN THE FAILURE BY THE VICTIM TO OFFER PHYSICAL RESISTANCE.
CONSENT IS NOT GIVEN WHEN A PERSON USES FORCE, THREAT OF FORCE,
COERCION OR WHEN THE VICTIM IS ASLEEP, INCAPACITATED, OR
UNCONSCIOUS.  OTHER SEX-RELATED OFFENSES ARE DEFINED AS ALL
OTHER SEXUAL ACTS, OR ACTS IN VIOLATION OF THE UNIFORM CODE OF
MILITARY JUSTICE, THAT DO NOT MEET THE ABOVE DEFINITION OF SEXUAL
ASSAULT, OR THE DEFINITION OF SEXUAL HARASSMENT AS PROMULGATED IN
DOD DIRECTIVE 1350.2 (DEPARTMENT OF DEFENSE MILITARY EQUAL
OPPORTUNITY), PARA E2.1.15.  EXAMPLES OF OTHER SEX-RELATED OFFENSES
COULD INCLUDE INDECENT ACTS WITH ANOTHER AND ADULTERY.
B.  THESE NEW DEFINITIONS DISTINGUISH BETWEEN 3 DISTINCT



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CATEGORIES OF PROHIBITED CONDUCT:
    (1) SEXUAL ASSAULT
    (2) SEXUAL CONTACT
    (3) OTHER SEX-RELATED OFFENSES.
C.  USE OF THESE REVISED DEPARTMENT OF DEFENSE DEFINITIONS SHALL BE
INCORPORATED IN ALL SEXUAL ASSAULT TRAINING (INITIAL ENTRY INTO
SERVICE, ANNUAL TRAINING, AND GENERAL MILITARY TRAINING).  SEXUAL
HARASSMENT IS A DISTINCT SEPARATE PROGRAM AREA AND IS NOT ADDRESSED
IN THIS NAVADMIN.  SEXUAL HARRASSMENT IS ADDRESSED IN OPNAVINST
5300.26C (DEPARTMENT OF THE NAVY POLICY ON SEXUAL HARASSMENT).
3.  THE REVISED DEPARTMENT OF DEFENSE POLICY ON TRAINING STANDARDS
FOR MILITARY PERSONNEL DIRECTS THE FOLLOWING MINIMUM TRAINING BE
CONDUCTED:
A.  PROVIDE SEXUAL ASSUALT PREVENTION AND RESPONSE TRAINING AT
INITIAL ENTRY TRAINING, INCLUDING INITIAL OFFICER TRAINING PROGRAMS.
B.  CONDUCT SEXUAL ASSUALT PREVENTION AND RESPONSE TRAINING FOR ALL
SERVICE MEMBERS UPON RELEASE OF THE NEW DEPARTMENT OF DEFENSE POLICY
AND STANDARDS (ANTICIPATED WITHIN 180 DAYS), ON A RECURRING BASIS
DURING GENERAL MILITARY TRAINING.  ENSURE ALL SERVICE MEMBERS HAVE A
WORKING KNOWLEDGE OF WHAT CONSTITUTES SEXUAL ASSAULT, UNDERSTAND



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THAT SEXUAL ASSUALT IS A CRIMINAL OFFENSE, AND HAVE KNOWLEDGE OF THE
FULL RANGE OF REPORTING OPTIONS OPEN TO THEM.
C.  INCORPORATE SEXUAL ASSUALT PREVENTION AND RESPONSE TRAINING INTO
ALL APPROPRIATE LEADERSHIP DEVELOPMENT PROGRAMS.  QUALITY TRAINING
IS THE BACKBONE OF AN EFFECTIVE SEXUAL ASSAULT POLICY GROUNDED IN A
"ZERO TOLERANCE" NAVY ENVIRONMENT, AND REQUIRES IMMUTABLE COMMITMENT
AND UNDERSTANDING BY LEADERS AND COMMANDERS AT ALL LEVELS.
MODIFICATIONS TO THIS ESTABLISHED PROGRAM ARE REQUIRED TO ACHIEVE
FULL COMPLIANCE WITH REVISED POLICY.
4.  COMMANDER, NAVY INSTALLATIONS IS RESPONSIBILE FOR SEXUAL ASSAULT
PROGRAM MANAGEMENT AND WILL INITIATE INTERIM AND LONG TERM
IMPLEMENTING GUIDANCE TO FACILITATE REQUIRED CHANGES IN TRAINING.
THESE CHANGES WILL BE ANNOUNCED IN FUTURE NAVADMINS.
5.  THE DEPARTMENT OF DEFENSE POLICY REQUIRES THAT PRE-DEPLOYMENT
TRAINING NOW INCLUDE SPECIFIC EMPHASIS ON SEXUAL ASSAULT PREVENTION
AND RESPONSE.  TRAINING SHOULD FOCUS ON HOST COUNTRY AND COALITION
PARTNER CUSTOMS, AND PROVIDE SERVICE MEMBERS AN AWARENESS OF
CULTURAL DIFFERENCES AND OPERATIONAL FACTORS THAT APPLY IN AREAS
OUTSIDE THE UNITED STATES (PORT CALLS), RISK REDUCTION FACTORS,
PROCEDURES FOR REPORTING SEXUAL ASSAULT, AND AWARENESS OF SUPPORT



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SYSTEMS/PERSONNEL.
6.  COMPLETE AND TIMELY IMPLEMENTATION OF DEPARTMENT OF DEFENSE
DIRECTED CHANGES TO THE NAVY SEXUAL ASSAULT PROGRAM AND TRAINING
CONTINUUM IS IMPERATIVE AND SUPPORTIVE OF THE NAVY'S COMMITMENT TO
"ZERO TOLERANCE" FOR SEXUAL ASSAULT.  EFFECTIVE TRAINING IS
ESSENTIAL TO ENSURE ALL NAVY PERSONNEL HAVE A FULL AND CLEAR
AWARENESS OF SEXUAL ASSAULT POLICY, KNOWLEDGE OF AND CONFIDENCE IN
OUR SUPPORTING SYSTEMS, AND CAN PROVIDE EFFECTIVE AND RELIABLE
SUPPORT TO VICTIMS.
7.  RELEASED BY VADM G. L. HOEWING, N1.//
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