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This interim final rule establishes that victims of sexual assault perpetrated by a spouse or intimate partner, or military dependent under the age of 18 is a Family Advocate Program (FAP) matter and does not fall within the SAPR program. However to ensure FAP involvement, this interim final rule requires the installation SARC and installation FAP to coordinate together when a sexual assault occurs as a result of domestic violence or involves child abuse. The rule requires sexual assault victims be informed of the availability of legal assistance and the right to consult with a Special Victims’ Counsel and Victims’ Legal Counsel and gives military members who are sexually assaulted the ability to request an Expedited Transfer as a means to getting a fresh start” while escaping the stigma associated with sexual assault. Finally, the rule mandates the establishment and implementation of a SAPR program within National Guard Bureau. The Department of Defense is publishing this rule as interim to maintain and enhance the current SAPR program which elucidates the prevention, response, and oversight of sexual assaults involving members of the U.S. Armed Forces and Reserve Component, to include the National Guard.  

Statement of Need:

The purpose of this rule is to:

(1) Establish and implement a complete SAPR program which focuses on prevention, training, and response to sexual assaults involving members of the U.S. Armed Forces.

(2) Establish a culture free of sexual assault, through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well-being of all persons covered.

(3) Focus on the victim and on doing what is necessary and appropriate to support victim recovery.

(4) Establish SAPR minimum program standards to include training requirements, oversight responsibilities, data collection, and reports.

Summary of the Legal Basis:

This regulation is established pursuant to all applicable congressional mandates from section 113 of title 10, United States Code (U.S.C.), and Public Laws 106-65, 108-375, 109-163, 109-364, 110-417, 111-84, 112-81, 113-66.

Alternatives:

The DoD will not have current guidance relating to the implementation of the provisions of law enacted by Congress critical to sexual assault prevention and response (SAPR), SAPR training standards, victim support, and reporting procedures.

Anticipated Costs and Benefits:

Fiscal Year 2015 Operation and Maintenance funding for DoD SAPRO was $24.3 million with an additional Congressional allocation of $ 25.0 million designated for the Special Victims’ Counsel program and the Special Victims’ Investigation and Prosecution capability that was reprogrammed to the Military Services and the National Guard Bureau. Additionally, each of the Military Services establishes its own SAPR budget for the programmatic costs arising from the implementation of the training, prevention, reporting, response, and oversight requirements established by this rule. These costs are less than those of other alternative benefits and include:

 (1) A complete and up-to-date SAPR Policy consisting of this part and 32 CFR 105, to include comprehensive SAPR policy guidance on the prevention and response to sexual assaults involving members of the U.S. Armed Forces.

 (2) Guidance and policy with which the DoD may establish a culture free of sexual assault, through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well-being of all persons covered by this part and 32 CFR 105.

(3) Requirement to provide care that is gender-responsive, culturally competent, and recovery-oriented.  

(4) Standardized SAPR requirements, terminology, guidelines, protocols, and guidelines for training materials shall focus on awareness, prevention, and response at all levels, as appropriate.

 (5) An immediate, trained sexual assault response capability for each report of sexual assault in all locations, including in deployed locations.

 (6) Victims of sexual assault shall be protected from coercion, retaliation, and reprisal.

Risks:

The rule does not intend physical or mental harm to individuals of the public. The rule intends to enable military readiness by establishing a culture free of sexual assault. Sexual assault poses a serious threat to military readiness because the potential costs and consequences are extremely high: chronic psychological consequences may include depression, post-traumatic stress disorder, and substance abuse. In the U.S. Armed Forces, sexual assault not only degrades individual resilience but also may erode unit integrity. An effective fighting force cannot tolerate sexual assault within its ranks. Sexual assault is incompatible with military culture and mission readiness, and the risks to mission accomplishments are unbearable. This rule aims to mitigate this risk to mission readiness.