An expression or lack of consent through words or conduct means there is no consent.
Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent.
Current or previous dating, social or sexual relationships, or the manner of the person's dress does not constitute consent.
A sleeping, unconscious, or incompetent person cannot consent.
SEXUAL ASSAULT is a crime and punishable by both the Uniform Code of Military Justice (UCMJ) and civilian law.
The restricted reporting option is always available, unless the victim has directly disclosed the assault to law enforcement or if they had already filed an unrestricted report for the same incident. Soldiers may elect the restricted reporting option even if they have disclosed to their chain of command.
Sexual assault victims who file an unrestricted report can request expedited transfer for reassignment using Department of the Army (DA) Form 4187, Personnel Action, from their current unit to:
Commanders (battalion or above) have 72 hours to recommend approval or disapproval.
Topic: Hazing/Sexual Assault
Module:4 – Sexual Assault
Situation: Inappropriate NCO behaviors in the Motor Pool
B Troop, 1st platoon has a tradition that their Soldiers receive swats with the top of a vehicle antenna on their birthday. The practice has been around for years with every new Platoon Sergeant and Platoon Leader seemingly more than happy to carry on the tradition. The hits with the antenna were never hard and afterwards the Soldiers celebrated the occasion with cake or a BBQ cookout. About six months ago, the platoon got a new PSG and the birthday tradition took a darker turn. SFC Smith frequently administers the swats themselves and in the last instance instructed two Solders to hold the person celebrating their birthday and drop their pants to their knees.
Solution:This vignette demonstrates how a unit’s tradition can quickly turn into something illegal and destroy trust and cohesion. Once SFC Smith started escalating the hazing, someone in the platoon should have brought this to the attention of the command, a SARC, or IG.
Topic: Sexual Assault
Module:4 – Sexual Assault
Situation:New Soldier at a local bar
SGT Wilson, is new to the area. After a hard day at work, SGT Wilson takes a taxi downtown to a bar. While sitting at the bar, another Soldier sits down beside SGT Wilson and strikes up a conversation. SGT Wilson informs the Soldier that they have to use the restroom. The other Soldier offers to order another round while Wilson is gone. Wilson returns from the restroom, and they continue drinking. Wilson informs the Soldier that they are beginning to feel dizzy. The other Soldier offers to share a taxi. Wilson wakes up in a hotel room that they do not recognize, and realizes they do not have any clothes on. Wilson does not remember how they got there. The last thing they remember is starting their second drink at the bar. Wilson suspects they have been sexually assaulted.
Solution: This vignette demonstrates a drug-facilitated sexual assault. The Soldier's options are to talk to CID, a SARC, or a VA, to determine the reporting option that is best for them and what additional services (medical attention, behavioral health, etc.) are available.
Topic: Online Misconduct/Sexual Assault
Module: 4 - Sexual Assault
Situation: Taking and Posting Inappropriate Pictures Online
PFC Ross and PFC Hoffman, return to their barracks around 0200 hrs on a Sunday morning after a heavy night of drinking. As they are walking to their room, they notice another Soldier, PV2 Tabor, passed out in their bunk from a heavy night of drinking. PFC Ross tells PFC Hoffman to watch what they do to PV2 Tabor. PFC Ross drops their trousers and underwear, then squats above PV2 Tabor’s face ensuring that their genitals end up in PV2 Tabor’s open mouth. PFC Ross asks PFC Hoffman to take pictures so that they can post them online. After taking a dozen or so pictures they go to their room and post them online before they both pass out.
Solution: This vignette demonstrates online misconduct and sexual assault. PFC Hoffman should have intervened to stop PFC Ross. They could have directly intervened, sought help from someone else, or called for assistance, but instead participated and also committed sexual assault. Anyone who becomes aware of this misconduct should notify CID and the commander.
Topic: Prevention/Inappropriate Work Relationships
Module: 2 – Bystander Intervention and 4 – Sexual Assault
Situation: Rape and a prior consensual sexual relationship
It is common knowledge throughout the entire unit, including leadership, that two Soldiers, SGT Spears and an instructor, CPT Dudley, are having an affair and both are married. They commonly request to go TDY together. One evening, the entire team is at the hotel bar. SGT Spears is the first to leave for their room. CPT Dudley stays at the bar with the others for a little while longer. CPT Dudley brags about their sex life, but complains about certain sexual acts SGT Spears won't engage in, CPT Dudley laughs and says “until tonight”. CPT Dudley then shows a zip lock baggie containing two capsules, claiming to have put one in SGT Spears' drink, and then leaves to go to SGT Spears' room.
Solution: This vignette demonstrates inappropriate relationships with co-workers. SGT Spears and CPT Dudley are both married, yet involved in a sexual relationship. It also explores the fact that prior sex does not mean that CPT Dudley can drug someone to benefit himself. The teammates had the obligation to intervene (direct, delegate, distract) and stop CPT Dudley from committing this sexual assault. There are potential legal consequences and could be considered an attempted sexual assault. CID needs to be called, as well as medical.
Topic: Alcohol and Consent
Module: 4 – Sexual Assault
Situation: Soldiers drinking in the barracks
SPC Sam and SPC Williams were close friends. They agreed to meet in SPC Williams’s barracks room to drink alcohol and watch a movie. A new Soldier from the same company, SPC Gordon, was also invited to watch the movie. While watching the movie, SPC Sam drank five glasses of whiskey from a bottle of whiskey that SPC Williams had purchased. SPC Gordon was also drinking and noticed SPC Sam was getting really intoxicated. SPC Gordon and SPC Williams had to check on SPC Sam when they went to vomit in the barracks restroom. Outside the bathroom SPC Williams said to SPC Gordon, “SPC Sam is a hot mess when they drink, but they are fine as hell and I want to tap that.” SPC Gordon did not respond to that statement. SPC Sam stumbled back to the room and fell into SPC Williams’ lap. SPC Sam gave SPC Williams a big hug and started making out with them, saying, “Oh I love you, you are like my best friend.” This was the first time the two had ever kissed. SPC Sam then fell on the floor and passed out. SPC Gordon asked SPC Williams to help them get SPC Sam back to their barracks room so they could sleep it off. SPC Williams lied and said, “Yeah they do this all the time, don’t worry about it, I will get them back or let them sleep it off here.” SPC Gordon then left the room. Once SPC Gordon left, SPC Williams hovered over a motionless, unresponsive SPC Sam, pulled their PT shorts down and sexually assaulted them. SPC Sam was passed out, unresponsive, and motionless throughout the entire sexual assault. The next morning SPC Sam woke up on the floor, felt pain in their genitals, and had no idea what had happened. They asked SPC Williams what happened, and they lied and said, “You were wild last night, you came onto me and were all over me.” SPC Sam returned to their room.
Solution: The vignette demonstrates how alcohol can be weaponized to facilitate a sexual assault. SPC Williams could clearly tell that SPC Sam was intoxicated and unable to consent. SPC Gordon attempted to get SPC Sam back to their room but was discouraged by SPC Williams. Instead of seeking assistance from others to ensure SPC Sam’s safe return, SPC Gordon abandoned that effort. SPC Sam has several options available, the most important being to seek immediate medical attention.
Topic: Consent
Module: 4 – Sexual Assault
Situation: After work situation
Lane and Bailey work in the same department. Lane told Bailey that they recently went through a really terrible divorce from their spouse of 10 years.
Lane was out at a bar one evening and got really drunk. They called Bailey to see if they would come pick them up and take them home; Bailey did. Because Lane was heavily intoxicated, Bailey walked them up to their apartment. At the door, Lane told Bailey that they wanted to have sex with them.
Once they entered the apartment, Lane kissed Bailey and even guided Bailey to their bedroom where they both began undressing. While undressing, Lane laid back and passed out, so Bailey finished undressing themselves and Lane. Bailey decided they would get things going by performing oral sex on Lane in the hopes that Lane would become aroused and wake up.
Solution: The vignette demonstrates how alcohol can become an obstacle in obtaining consent and thus facilitate a sexual assault. Bailey knew that Lane was extremely intoxicated and had passed out and thus was unable to consent. Even though Lane had told Lane earlier that they wanted to have sex with them, they were incapable of consenting due to impairment by an intoxicant (alcohol) and that is a crime. Lane has several options available, and the best solution is to see their SARC.
Topic: Consent
Module: 4 – Sexual Assault
Situation: Going too far
Shiloh is an employee and owns a fishing boat and regularly talks about their weekend fishing trips. Amari is new to the organization and overhears Shiloh talking about their fishing trips and told them that they also love to go fishing. Shiloh asks Amari if they’d like to go fishing next Saturday.
Shiloh and Amari really hit it off the first weekend and agreed to go out again. Shiloh and Amari eventually developed a romantic relationship. One Saturday, they begin making out and had sex. After, they got dressed and went to lunch and talked about what a great day they were having.
The following week, they went out again, and this time when they were kissing, Amari said she’s not feeling it and stops Shiloh’s hands from unbuttoning their shirt, but they continued kissing them and tried again to unbutton Amari's shirt.
Solution: The vignette reinforces that the fact that just because a person has previously consented to sex or a relationship that doesn’t mean they have free pass to do whatever they feel, whenever they feel like it.
Topic: Sexual Assault (Abusive Sexual Contact)
Module: 4 – Sexual Assault
Situation: A Co-workers Sexual Assault
You are TDY and after a long day of intense and challenging training with your team everyone agrees to go to the hotel Happy Hour and blow off some steam. It has been a long time since you have been able to go TDY and everyone has been so happy to finally be back together. While having some appetizers one of your co-workers, Kody, sits really close to you and keeps making weird comments to you all evening; things like “You look so great since I last saw you. I wish my spouse had a body like yours.” After you give Kody an intense look of disapproval you change the subject, but Kody keeps “eyeing” you all evening. As you tell everyone good night and head up to your room, Kody asks if they can accompany you. You say “no”, but Kody follows you to the elevator saying your rooms are close to each other and they need to get a copy of tomorrow’s training schedule from you. When you get to your door, Kody begins to press their body against yours, groping your crotch and your buttocks.
Solution: This vignette demonstrates abusive sexual contact. Kody made uncomfortable comments. What started out with little comments, quickly turned into something much more severe, despite the looks of disapproval and clear response of “no” to their invitation. Once Kody started to press their body against them and touching them in their crotch, it turned into sexual assault. You should report to the SARC and explore your options.
Topic: Sexual Assault
Module: 4 – Sexual Assault
Situation: Bad Evaluation
Blake and Landry are both DA Civilian employees. Blake has supervised Landry for three. One day, Landry goes into Blake’s office to conduct a midterm evaluation. Blake has arranged two chairs close together in front of the desk. Mid-conversation, Blake begins rubbing Landry’s inner thigh. Their previous relationship has been a bit flirty, but Landry is uncomfortable with this escalation. Landry tries to leave the office, but Blake blocks the door. Landry shoves Blake away and storms out of the office trying to mentally process what just happened.
Solution: Blake’s rubbing of Landry’s inner thigh could be considered sexual contact. Landry has the option to file an unrestricted or restricted report with a SARC. If Landry elects to file a report, the SARC will fill out a 2910-8 (Victim Reporting Preference Statement) and Landry will select Restricted or Unrestricted. Landry is eligible to receive victim advocacy services from SARCs or Victim Representatives (VRs). Landry is not eligible for an expedited transfer, nor military medical or legal services, unless Landry is otherwise entitled by policy or law. Landry’s and Blake’s previous relationship has no bearing on the sexual assault.
Topic: Don’t Touch Me!
Module: 4 – Sexual Assault
SCENE - Series of several different touching events plays for audience…
Recruiter (SSG Astudillo) Peeks her head into the Station Commander’s (SFC Wilmore) office door and asks if she can speak to him for a minute. The following conversation takes place:
SFC Wilmore: “What’s going on SSG Astudillo?”
SSG Astudillo: “Every week, going on three months now, during the Monday morning huddle, Staff Sergeant Medina makes a point of sitting right up next to me. It didn’t bother me at first, but for the last couple of months when he gets up he brushes up against my butt. He always says, “Excuse me or Pardon me”, so at first I thought maybe he was just clumsy or had vision problems. But now it is escalating, last week AND this morning he brushed up against my chest!”
SFC Wilmore: “I can understand why you would find this so upsetting. What would you like to do about it?”
Note:Pause the video and ask the students the question.
Ask:What offense is being committed here?
Answer:After the discussion, the correct answer is Sexual Assault.
Instructor/Facilitator: If there is evidence of intent, the conduct could be Abusive Sexual Contact. Is the Station Commander obligated to do anything? Yes, leaders are obligated to report all disclosures of sexual assault to CID and the SARC.
