Monday, January 28, 2013

New Sexual Assault DoDI

Just when you thought you had a handle on the recent changes involving sexual assault in the military, the DoD issues DoDI 6495.01.  Amidst numerous policy changes are the following requirements:

1 - The FBI will be notified of an alleged sexual assault if it occurred on a military installation and the accused and/or victim is not a military member or dependent.

2 - The DoJ will be notified of an alleged sexual assault if committed on a military installation by a person or persons NOT subject to the UCMJ unless the DoJ "has relieved the DoD of the reporting requirement for that type or class of crime."

3 - The local PD will be notified of an alleged sexual assault if committed on a military installation subject to concurrent jurisdiction.  The local PD will only work the case if declined by the military or as a joint venture.

4 - The State has investigative authority in an alleged sexual assault if it occurred on a military installation subject to exclusive State jurisdiction. The military may assist in the investigation.

5 - Sexual orientation of a victim, subject, or anyone associated with the investigation will (1) not be addressed in the investigation, (2) be disclosed to only those with official need, and (3) be documented only if it is essential to the investigation.

6 - No sexual assault investigation involving an adult victim may be closed without the disposition data placed in the final report or database.  This includes the information required to be submitted by commanders such as any action (administrative, NJP, or judicial) taken.  This means that CID CANNOT close out a case unless a commander or other lead investigative agency has produced its disposition data.

7 - Investigative reports will be retained for 50 years and MUST include SANE reports (DD Form 2911 or civilian equivalent if treatment received at civilian facility).  

And finally for all my TDS counsel, this may be important to your client ...

8 - All physical and forensic evidence will be retained for 5 years from the date seized.  Items may only be returned prior to the 5 years if the convening authority deems it appropriate when (1) the allegation is unfounded, (2) the subject is acquitted, or (3) the wrong person was identified.

Cheers!

- MAJ Sykes

No comments:

Post a Comment