Transcript PFM Title - Minority Rights Advocate

How Does This Policy Affect…
NSF Policies?
Assault Crimes – No change
Rape, Sexual Assault, and Other Sexual
Misconduct Crimes – No change
Sodomy – No change
Response & Investigation – No change
Domestic Violence Incidents – No change
Good Order and Discipline – No change
Assault Crimes


Investigations regarding assaults will be conducted
in accordance with OPNAVINST 5530.14E, Navy
Physical Security and Law Enforcement Program,
Chapter 3, NTTP 3-07.2.3, Law Enforcement and
Physical Security for Navy Installations, Appendix
J, and the Manual for Courts-Martial (2008 Edition).
The sexual orientation of the alleged victim and/or
the alleged assailant is not an element of the
alleged offense. The relationship between the
alleged victim and the alleged assailant is not
an element of the alleged offense.
2
Rape, Sexual Assault, and
Other Sexual Misconduct


Investigations of sexual assaults will be conducted
in accordance with OPNAVINST 5530.14E, Navy
Physical Security and Law Enforcement Program,
Chapter 3, NTTP 3-07.2.3, Law Enforcement and
Physical Security for Navy Installations, Appendix J,
and the Manual for Courts Martial, 2008.
The sexual orientation of the alleged victim and/or
the alleged assailant is not an element of the alleged
offense. The relationship between the alleged victim
and the alleged assailant is not an element of
the alleged offense.
3
Sodomy

UCMJ, Article 125 – Sodomy is gender neutral, is
unchanged, and in force
•
•
•
Allegations of forcible sodomy, regardless of sexual orientation of
accused or victim, will be investigated
Allegations of consensual * sodomy, regardless of sexual orientation of
accused or victim, may be investigated when there is evidence of factors
such as public conduct, prostitution, good order and discipline, service
discrediting conduct, unduly familiar relationships, etc.
Sexual orientation is not a factor in determining whether a criminal
investigation is warranted
* Private, consensual sodomy between adults, regardless of gender, is
protected under the Constitution (e.g. in the home)
Response & Investigation

An allegation of a crime involving DON
personnel will be investigated, i.e. CCI or NCIS.
 Professionalism and respect is paramount with
any and all investigations.
 Focus on the crime committed, not the sexual
orientation of the alleged victim/assailant.
 The sexual orientation of the alleged
victim/assailant is irrelevant to the investigation
of assault, sexual assault, or other crimes
against the person.
5
Domestic Violence Incidents

Receipt, reporting, identification, and
investigation of Domestic Violence Incidents
between same-sex partners (and/or
homosexual individuals) will be conducted
in accordance with OPNAVINST 5530.14E,
Navy Physical Security and Law
Enforcement Program, Chapter 3, NTTP 307.2.3, Law Enforcement and Physical
Security for Navy Installations, Appendix J.
Summary




There are no changes to NSF or CCI responsibilities in
response to or while conducting investigations into
alleged assaults, sexual assaults, and/or crimes against
the person in light of the repeal of Don’t Ask, Don’t Tell.
An alleged victim is still an alleged victim regardless of
his or her sexual orientation or if he or she is in a
“partnership” with the alleged assailant.
Do not get side-tracked with the sexual orientation of
the alleged victim/suspect.
Professionalism toward and respect for all persons will
be adhered to regardless of sexual orientation.
7
References
 Title
18, U.S. Code
 Manual for Courts-Martial, 2008
 DoDI 6400.06, Domestic Abuse Involving
DoD Military and Certain Affiliated Personnel
 OPNAVINST 5530.14E, Navy Physical
Security and Law Enforcement Program
 NTTP 3-07.2.3, Law Enforcement and
Physical Security for Navy Installations
8
Vignette #1
Domestic Violence Incident ~ On-Base Housing

SITUATION: You are a Petty Officer assigned to the installation
security department, out on routine patrols. You receive a call
reporting an altercation in base housing. Upon arriving at the
scene, you find two females, one of whom is a Sailor who
resides in a base housing unit with a dependent child, the other
of whom cohabitates in that unit as a live-in child care provider
IAW local base housing policies. The child care provider states
that she and the resident are involved in a long-term, romantic
same-sex relationship. You have sufficient evidence to believe
that an assault has occurred, as the child care provider has
obvious physical injuries and states that the Sailor attacked her
during an argument.

Is this a Domestic Violence Incident?
9
Vignette #1
Domestic Violence Incident ~ On-Base Housing

YES. Domestic violence incidents are domestic violence or a
pattern of behavior resulting in emotional/psychological abuse,
economic control, and/or interference with personal liberty that is
directed toward a person who is: (a) current or former spouse; (b)
person with whom the abuser shares a child in common; or (c) A
current or former intimate partner with whom the abuser shares or
has shared a common domicile. Because the Sailor (alleged
assailant) and the child care provider (alleged victim) live in the
same residence and are in an intimate relationship, the incident
should be investigated and reported as domestic violence .

This incident may also be investigated under UCMJ, Article 128—
Assault .
Vignette #2
Alleged Sexual Assault ~ Off-Base

SITUATION: You are on patrol and are directed to
receive a Sailor from local, civilian law enforcement as
a courtesy turnover. During the turnover, it is revealed
that the male Sailor has been drinking and that he
alleges that another, unidentified, male Sailor sexually
assaulted him.

How do you proceed?
11
Vignette #2
Alleged Sexual Assault ~ Off-Base

Report the incident to your supervisor and arrange
contact between the alleged victim and the Sexual
Assault Response Coordinator (SARC).

Regardless of whether local, civilian law enforcement is
pursuing criminal charges against the alleged assailant,
process the alleged victim’s sexual assault claim
immediately and appropriately. Initiate Sexual Assault
Prevention and Response (SAPR) actions immediately.

This incident may also be investigated under
UCMJ, Article 120—Rape, sexual assault, and
other sexual misconduct and/or UCMJ, Article
125-Sodomy.
12
Vignette #3
Domestic Violence Incident/Alleged Assault ~ On-Base

SITUATION: You are dispatched to a fight at
the on-base club. Upon arrival you identify two
female Sailors as the alleged victim and the
alleged assailant. During your initial
questioning, you learn they are a same-sex
couple that share common off-base housing.

Do you treat this as a domestic violence
incident?
13
Vignette #3
Domestic Violence Incident/Alleged Assault ~ On-Base

Yes. The incident should be investigated as domestic
violence, because the alleged assailant and the alleged
victim live in the same residence and are in an intimate
relationship.

The location of the incident has no bearing on the
actual investigation of a domestic violence incident.

This incident may also be investigated under
UCMJ, Article 128—Assault .
Vignette #4
Alleged Assault/Domestic Violence Incident ~ Off-Base

SITUATION: You were informed by a reliable
source that a male civilian hit his
roommate/partner, a male Sailor, in the arm
with a baseball bat in their off-base housing
over the weekend . The male Sailor did not
report the incident to local, civilian law
enforcement and did not report it to his chain of
command.

What do you do?
15
Vignette #4
Alleged Assault/Domestic Violence Incident ~ Off-Base

Report the incident to your chain of command.
The Sailor has the right to initiate a civilian law
enforcement investigation if he so chooses,
and is entitled to initiate a Family Advocacy
Program (FAP) case through the Fleet and
Family Support Center (FFSC) .

Treat the alleged victim the same as you would
any alleged victim of a domestic violence
incident and provide the same support.
16
Vignette #5
Domestic Violence Incident – Off-Base

SITUATION: You are an independent duty Master-at-Arms on a ship
in the final phases of deployment preparations. One of your Sailors
has been arrested on a charge of assault by local, civilian law
enforcement. The incident took place in the Sailor's off-base
residence, which she shares with a female Sailor from another
command. Your Sailor refers to the alleged victim as her “partner.”

Regardless of whether local, civilian law enforcement is
pursuing the assault charge , is it proper for you to address the
altercation as a domestic violence incident ?

Does your Sailor lose her legal authority to be issued and/or
have access to small arms IAW the Lautenberg Act?
17
Vignette #5
Domestic Violence Incident – Off-Base

A Domestic Violence Incident report would be appropriate.
The alleged assailant and the alleged victim live in the same
residence and are in an intimate relationship.

This incident may also be investigated under UCMJ, Article
128—Assault .

If convicted of a qualifying civilian or military offense, the
assailant may lose access to arms, ammunition, and
explosives (AA&E) IAW the Lautenberg Act. The parent
command is responsible for conducting an AA&E screening
and revoking the Sailor's access to small arms.
Vignette #6
Good Order and Discipline

SITUATION: USS RADFORD is pier side at Naval
Station Norfolk preparing to leave port for a sixmonth deployment. You observe a uniformed,
female Sailor and a civilian female hug and kiss each
other. You also observe a uniformed, male Sailor
and a civilian female hug and kiss each other.

What do you do? Would it matter if the same-sex
couple was both in uniform?
19
Vignette #6
Good Order and Discipline

Do nothing, unless the behavior violates good
order and discipline.

Both couples should be treated equally.

As long as the behavior is not in violation of good
order and discipline, it is irrelevant if one or both
members of the affectionate same-sex couple
are in uniform.
20