Feature Search

Sexual assault reporting requirements

  • Published
  • By Emily Calland
  • Sexual Assault Prevention and Response Program
If someone confides in you that he or she is a victim of sexual assault, do you have to report it? The answer to this question is it depends.

According to Air Force Instruction, if you are a victim advocate, healthcare personnel, sexual assault response coordinator, or Chaplain the answer is no.

Also, if you are an active duty member (including noncommissioned officers) and another active duty member that you do not supervise tells you that he or she was sexually assaulted, you are encouraged to, but not mandated to report to your chain of command. You can lead the victim to the SARC, Chaplain, Mental Health, or Medical Facility to get the individual the help he or she needs without taking away his/her restricted reporting option.

If an active duty member is told about a crime of sexual assault by a friend or coworker, and then reports the assault to his chain of command, the report will become unrestricted. This means that an investigation through the Air Force Office of Special Investigations (AFOSI) or Security Forces will begin, regardless of whether this is the victim's desire.

The restricted reporting option is currently only available to active duty personnel, as well as Air Force Reserve and Air National Guard members who are performing active or inactive duty training. The restricted reporting option allows a victim to receive support from the SARC, a victim advocate, a mental health professional, a Chaplain, or healthcare personnel confidentially without notifying that individual's chain of command.
A victim of sexual assault can even choose to undergo a sexual assault forensic examination (SAFE), which aims to collect evidence from the assault, under the restricted reporting option. Any evidence gathered from the examination is stored under the restricted report number and the victim has one year to decide if he or she would like to initiate an investigation by switching to an unrestricted report.

Though the restricted reporting option is only available to active duty personnel, dependants over the age of 18 who are victims of sexual assault are eligible for services through the SAPR office. They can receive all of the services described under the restricted reporting option; however, an investigation through AFOSI or Security Forces will be initiated.

If you are an Air Force member or civilian employee unable to receive confidential communications and you receive a report of sexual assault by a subordinate in your supervisory chain, you must report the matter to AFOSI as soon as possible.

To read more about sexual assault reporting requirements in the Air Force, see AFI 36-6001 2.12.

The guidelines for active duty Navy personnel are somewhat different. Only SAPR victim advocates or a SARC can offer restricted reporting. Navy chaplains also offer privileged communication. If you are an active duty member in the Navy and you are informed of a sexual assault you are a mandated reporter.

In order to preserve the right to restricted reporting, a victim of sexual assault should talk to a SARC or victim advocate before speaking with anyone else, including friends and family.

For more information, contact the Sexual Assault Prevention and Response Office (SAPRO) at 36wg.cvk@andersen.af.mil.