Reporting Eligibility
Eligibility for Both Options
The following individuals are eligible for both the restricted and unrestricted reporting option within the SARC program:
- RegAF members who were sexual assault victims perpetrated by someone other than the victim's spouse
- Military members on RegAF status who were sexual assault victims PRIOR to enlistment or commissioning — eligible to receive SAPR services under either reporting option. Support is available regardless of when or where the sexual assault took place.
- Service members' dependents, 18 years of age and older, who are eligible for treatment in the military health system at installations CONUS and OCONUS, and who were sexual assault victims perpetrated by someone other than the victim's spouse
- Air Force Reserve and Air National Guard members who are sexually assaulted when performing active service and inactive duty training
- Department of Defense civilian employees will have access to full SAPR services that are offered to service members. This does NOT include additional medical entitlements or legal services to which they are not already authorized by law or policy.
Collateral Misconduct in Sexual Assault Cases
Collateral Definition
An investigation into the facts and circumstances surrounding an alleged sexual assault may produce evidence that the victim engaged in misconduct.
Significant Reporting Barrier
Collateral = Reporting Barrier
Collateral misconduct by a sexual assault victim is a significant barrier to reporting because of the victim's fear of punishment.
Examples
Collateral Examples
Some reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct like:
- Underage drinking or other related alcohol offenses
- Adultery
- Drug abuse
- Fraternization
- Other violations of instructions or orders
Commander Responsibility
Cmdr Disposition Responsibility
In accordance with the Uniform Code of Military Justice, the Manual for Courts-Martial, and USAF instructions, commanders are responsible for addressing misconduct in a manner that is consistent and appropriate to the circumstances.
Withholding Authority
RCM 306 Withholding
However, Rule for Courts-Martial 306 permits superior commanders to withhold disciplinary authority from subordinate commanders for individual cases, types of cases, or generally.
Initial Disposition Authority
IDA Reserved Authority
Pursuant to DAFI 51-201, *Administration of Military Justice*, the authority to dispose of collateral misconduct in sexual assault cases is initially reserved to the special court-martial convening authority.
Process Flow
Collateral Process Flow
In those cases:
- The subordinate commander forwards the case file, along with a written recommendation, to the initial disposition authority
- The initial disposition authority may:
- Dispose of the collateral misconduct himself or herself, OR
- Return the case file to the subordinate commander and permit them to take action
Safe-to-Report Policy
Safe-to-Report Applies
The Safe-to-Report Policy is applicable to any allegation of sexual assault, regardless of whether the victim has filed a restricted or unrestricted report.
Threshold Issue
Minor vs Non-Minor Threshold
The threshold issue for the applicability of the Safe-to-Report Policy is determining whether the alleged collateral misconduct in question is "minor" or "non-minor".
Authority
IDA Determination Authority
The authority to make such a determination is withheld to the Initial Disposition Authority (IDA), as outlined in DAFI 51-201, *Administration of Military Justice*, paragraph 10.5.1.
Discretionary Determination
IDA Discretionary
The IDA's determination is discretionary based on the totality of the circumstances involved in the case, but the IDA must assess the alleged collateral misconduct against the delineated aggravating and mitigating circumstances at a minimum.
Outcomes
Minor → Policy Applies
If the alleged collateral misconduct is deemed MINOR, then the Safe-to-Report Policy APPLIES and the victim will NOT be disciplined.
Non-Minor → Policy Does Not Apply
If the alleged collateral misconduct is NON-MINOR, then the Safe-to-Report Policy does NOT apply, and the victim could be subject to disciplinary action.