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.
All the surrounding circumstances should be considered in determining whether or not a person gave consent.
SEXUAL ASSAULT is a crime and punishable by both the Uniform Code of Military Justice (UCMJ) and civilian law.
Sexual assault victims who file an unrestricted report can request expedited transfer for reassignment using Department of Army (DA) Form 4187, Personnel Action, from their current unit to another unit on the same or different installation.
Sexual assault victims who file an unrestricted report can request expedited transfer for reassignment using Department of Army (DA) Form 4187 Personnel Action, from their current unit to another unit (company, battalion, brigade or division) on the same or different installation.
Sexual assault victims who file an unrestricted report can request expedited transfer for reassignment using Department of Army (DA) Form 4187, Personnel Action, from their current unit to another unit.
Commanders (battalion or above) have 5 calendar days to recommend approval or disapproval. If disapproved final disapproval MUST be denied by the first GO within the CoC.
Topic: Hazing/Sexual Assault
Module: 4 – Sexual Assault/p>
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 himself and in the last instance instructed two Solders to hold the “Birthday Boy” and drop his pants to his 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, he takes a taxi downtown to a bar. While SGT Wilson is sitting at the bar, another Soldier sits down beside him and strikes up a conversation. SGT Wilson informs the Soldier that he has to use the restroom. The Soldier asks SGT Wilson what he is drinking as he will order another round while SGT Wilson is gone. SGT Wilson returns from the restroom and they continue drinking. SGT Wilson informs the Soldier that he is beginning to feel dizzy. The Soldier tells SGT Wilson that he will share a taxi with him. SGT Wilson wakes up in a hotel room that he does not recognize and he realizes that he does not have any clothes on. He does not remember how he got there. The last thing he remembers is starting his second drink at the bar. He suspects that he has been sexually assaulted.
Solution: This vignette demonstrates a drug-facilitated sexual assault. SGT Wilson’s best option is to talk to CID, or a SARC or VA to determine the reporting option that is best for him and what additional services are available to him.
Topic: Online Misconduct/Sexual Assault
Module: 4 - Sexual Assault
Situation: Taking and Posting Inappropriate Pictures Online
PFC Ross and PFC Hoffman are two unaccompanied male Soldiers who 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 PV2 Tabor passed out in his bunk also from a heavy night of drinking. PFC Ross tells PFC Hoffman to watch what he does to PV2 Tabor. PFC Ross drops his trousers and underwear, then squats above PV2 Tabor’s face ensuring that his scrotum ends 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. He could have directly intervened, went to find someone else, or called for assistance, instead he participated and committed sexual assault as well. Anyone who becomes aware of this misconduct should notify CID.
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, to include leadership, that a female NCO, SGT Spears is having an affair with an Instructor, CPT Dudley. Both members are married. They commonly request to go TDY together so they can spend time alone in the hotel. One evening, the entire team is at the hotel bar having a few drinks. SGT Spears is the first to retire to her room. CPT Dudley stays with the guys at the bar for a little while longer. He brags to the guys about their sex life. However, he complains that she won’t have anal sex with him. He laughs and says, “until tonight”. He then shows a zip lock baggie to the guys that has 2 Ambien capsules in it. He says that he put one in her drink and leaves to go to her 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 over watch the movie. While watching the movie, SPC Sam drank five glasses of whiskey from a bottle of Jack Daniels that SPC Williams had purchased for her. 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 she went to vomit in the barracks restroom. Outside the bathroom SPC Williams said to SPC Gordon, “SPC Sam is a hot mess when she drinks, but she is 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 him 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 him get SPC Sam back to her barracks room so she could sleep it off. SPC Williams lied and said, “Yeah she does this all the time, don’t worry about it, I will get her back or let her sleep it off here.” SPC Gordon then left the room. Once SPC Gordon left, SPC Williams hovered over a motionless, unresponsive SPC Sam, pulled her PT shorts down and sexually assaulted her. 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 her vagina, and had no idea what had happened. She asked SPC Williams what happened, and he lied and said, “You were wild last night, you came onto me and rode me like a cowgirl.” SPC Sam returns to her 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 her room when SPC Williams talked him out of it. SPC Gordon could have tried other means to getting her back to her room safely, such as getting help from others. SPC Sam has several options available to her and the best solution is to see her SARC.
Topic: Obtaining Consent
Module: 4 – Sexual Assault
Situation: After work situation
Mr. Herb Rain and Mr. Archie Wind work in the same department. Herb told Archie he recently went through a really terrible divorce from his spouse of 10 years. Herb was out at a bar one evening and got really drunk. He called Archie to see if he would come pick him up and take him home; he did. Because Herb was heavily intoxicated, Archie walked him up to his apartment. At the door, Herb told Archie he wanted to have sex with him. Once they entered his apartment, Herb kissed Archie and even guided Archie to his bedroom where they both began undressing. While undressing, Herb laid back and passed out, so Archie finished undressing himself and Herb. Archie decided he would get things going by performing oral sex on Herb in the hopes that Herb 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. Mr. Archie Wind knew that Mr. Herm Rain was extremely intoxicated and had passed out and thus was unable to consent. Even though Herb had told Archie earlier that he wanted to have sex with him he was incapable of consenting due to impairment by an intoxicant (alcohol) and that is a crime. Mr. Herb Rain has several options available to him and the best solution is to see his SARC.
Topic: Obtaining Consent
Module: 4 – Sexual Assault
Situation: Going too far
Mr. Marco Done is an employee and owns a fishing boat and regularly talks about his weekend fishing trips. Ms. Li Coin is new to the organization and overhears Marco talking about his fishing trips and told him that she also loves to go fishing. Marco asks Li if she’d like to go fishing next Saturday.
Marco and Li really hit it off the first weekend and agreed to go out again. Marco and Li eventually developed a romantic relationship. One Saturday, they begin making out and have 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, Li said she’s not feeling it and stops Marco’s hands from unbuttoning her shirt, but he continued kissing her and tried again to unbutton her shirt.
Solution: The vignette reinforces that the fact that just because a person has previously consented to a relationship that doesn’t mean they have free pass to do whatever they feel, whenever they feel like it. The following sentence, is a part of the definition of consent, “A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.” All Army Soldiers and civilians must understand what the meaning of consent is and comply. Mr. Done has committed sexual assault.
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, Ms. Little, 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 Ms. Little an intense look of disapproval you change the subject but she keeps “eyeing” you all evening. As you tell everyone good night and head up to your room Ms. Little asks if she can accompany you. You say “no” but she follows you to the elevator saying your rooms are close to each other and she needs to get a copy of tomorrow’s training schedule from you. When you get to your door, Ms. Little begins to press her body against yours, groping your crotch, and your buttocks.
Solution: This vignette demonstrates abusive sexual contact. Ms. Little 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 her invitation. Once Ms. Little started to press her body against his and touching him in his crotch, it turned into sexual assault. You should report to CID, SARC or your command.
Topic: Don’t Touch Me!
Module: 4 – Sexual Assault
Video: https://www.milsuite.mil/video/watch/video/41302
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: Sexual Assault, UCMJ, Art. 120(d), Abusive Sexual Contact. Is the Station Commander obligated to do anything? Yes, leaders are obligated to report all allegations of sexual assault.
