Directive

DoD Directive 6495.01 - Sexual Assault Prevention and Response (SAPR) Program

DoDD 6495.01 is overarching DoD policy that establishes the SAPR program, implements DoD policy, and assigns responsibilities for the SAPR program on prevention, response, and oversight to sexual assault. Detailed procedures are in DoD Instruction 6495.02, Volume 1.

Sexual Assault Prevention and Response (SAPR)

DoD Instruction 6495.02, Volume 1 – Sexual Assault Prevention and Response (SAPR) Program Procedures

DoDI 6495.02, Volume 1 establishes comprehensive procedures for responding to the crime of sexual assault within the DoD. Specific procedures implement requirements outlined in the National Defense Authorization Acts (NDAAs), initiatives directed by the Secretary of Defense, formal recommendations from the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD).

DoD Instruction 6495.02, Volume 2 – Sexual Assault Prevention and Response (SAPR) Program: Education and Training

DoDI 6495.02, Volume 2 establishes SAPR training requirements for Service members, individuals who supervise Service members, and DoD civilian personnel. The policy was updated in 2021 and aligns training needs with DoD’s Common Military Training (CMT) to clearly define minimum training standards and to meet Congressional requirements.

DoD Instruction 6495.02, Volume 3 – Sexual Assault Prevention and Response (SAPR): Retaliation Response for Adult Sexual Assault Cases

DoDI 6495.02, Volume 3 establishes policy, assigns responsibilities, and prescribes procedures for the implementation, management, and oversight of the response to retaliation related to adult sexual assault cases within the SAPR program.

DoD Instruction 6495.03 – Defense Sexual Assault Advocate Certification Program (D-SAACP)

DoDI 6495.03 establishes policy, assigns responsibilities, and prescribes procedures for the implementation, management, and oversight of the D-SAACP in accordance with the certification requirements in section 584 of Public Law 112-81 (Reference (a)), DoDD 6495.01(Reference (b)), DoDI 6495.02 (Reference (c)), and in accordance with the authority in DoDD 5124.02 (Reference (d)).

Integrated Prevention

DoD Instruction 6400.11 – DoD Integrated Primary Prevention Policy for Prevention Workforce and Leaders

DoDI 6400.11 establishes and implements policy, assigns responsibilities, prescribes procedures, and identifies requirements for addressing primary prevention of harmful behaviors in military communities. It establishes roles, requirements, and training and education standards for full-time and part-time Integrated Primary Prevention (IPP) personnel and provides assessment and evaluation requirements for IPP oversight. Additionally, it establishes learning objectives for leaders to oversee and support prevention activities. The DoDI was updated on April 4, 2023, to make an administrative change that erroneously provided an exemption in applicability for National Guard Service members.

DoD Instruction 6400.09 – DoD Policy on Integrated Primary Prevention of Self-Directed Harm and Prohibited Abuse or Harm

DoDI 6400.09 implements an integrated violence prevention policy that is the first of its kind and is informed by best practices in the field. This policy creates a unity of effort across prevention programs and policies; establishes a common, research-based framework for violence prevention; and focuses prevention efforts on those activities that have the greatest potential to reduce multiple forms of violence that affect the military community.

Other Sexual Assault-Related Policies

DoD Instruction 5505.18 – Investigation of Adult Sexual Assault in the Department of Defense

DoDI 5505.18 establishes policy, assigns responsibilities, and provides procedures for the investigation of adult sexual assault within the DoD. It also establishes the processes and procedures for the use, maintenance, and protection of certain information from a Restricted Report of adult sexual assault obtained by the Military Criminal Investigative Organizations (MCIOs) after the victim has elected to provide such information, but without affecting the restricted nature of the report.

DoD Instruction 5505.19 – Establishment of Special Victim Investigation and Prosecution (SVIP) Capability with the Military Criminal Investigative Organizations (MCIOs)

DoDI 5505.19 establishes policy, assigns responsibilities, and provides procedures for the MCIOs to implement a special victim capability establish a special victim capability comprised of specially trained MCIO investigators, judge advocates, paralegals, and victim witness assistance personnel to support victims of covered special victim offenses (referred to as the SVIP capability).

DoD Instruction 6310.09 – Health Care Management for Patients Associated with a Sexual Assault

DoDI 6310.09 establishes procedures to ensure comprehensive standards for providing health care in the Military Health System for patients who, while receiving health care, present with a disclosure of sexual assault or disclose they have committed or are suspected to have committed a sexual assault.

DoD Instruction 6400.06 – Domestic Abuse Involving DoD Military and Certain Affiliated Personnel

DoDI 6400.06 provides procedures for establishing, implementing, and updating domestic abuse policies in the military.

DoD Instruction 6400.07 – Standards for Victim Assistance Services in the Military Community

DoDI 6400.07 provides overarching DoD policy, responsibilities, and standards for victim assistance services throughout the military.

DoD Instruction 1030.02 – Victim and Witness Assistance (contains Special Victim Investigation and Prosecution)

DoDI 1030.02 establishes policy, assigns responsibilities, and prescribes procedures to assist victims and witnesses of alleged crimes committed in violation of the Uniform Code of Military Justice. Includes policy for the Special Victim Investigation and Prosecution (SVIP) capability in Section 3.3.

DoD Instruction 1030.04 – Special Victims’ Counsel Programs

DoDI 1030.04 establishes policies, assigns responsibilities, provides guiding principles for Military Services, and prescribes procedures for minimum training standards and reporting requirements for the Military Services’ Special Victims’ Counsel (SVC) programs.

For more information on SAPR Forms, please visit SAPR.mil/Forms.

SAPR Forms

• DD Form 2910 – Victim Reporting Preference Statement
• DD Form 2910-1 – Replacement of Lost DD Form 2910, Victim Reporting Preference Statement
• DD Form 2910-2 – Retaliation Reporting Statement for Unrestricted Report Sexual Assault Cases
• DD Form 2910-3 – Return of Victim’s Personal Property in Restricted Reporting Sexual Assault Case Collected During a Sexual Assault Forensic Examination (SAFE)
• DD Form 2910-4 – Catch a Serial Offender (CATCH) Program Explanation and Notification Form For SAPR-Related Inquiry (SRI) CATCH Entries
• DD Form 2911 – DoD Sexual Assault Forensic Examination (SAFE) Report
• DD Form 2950 - Department of Defense Sexual Assault Advocate Certification Program (D-SAACP) Application Packet for New Applicants
• DD Form 2950-1 – Department of Defense Sexual Assault Advocate Certification Program (D-SAACP) Application Packet for Renewal Applicants
• DD Form 2965 – Defense Sexual Assault Incident Database (DSAID) Data Form

 

To standardize and facilitate the SAPR Program’s oversight of Unrestricted Reports of adult sexual assault and associated retaliation allegations during monthly and quarterly meetings, SAPR Case Management Groups (CMGs) and High-Risk Response Teams (HRRTs) must use the following forms:

• DD Form 2910-5 – Monthly Case Management Group Meeting Notes for the Sexual Assault Prevention and Response Program
• DD Form 2910-6 – Quarterly Case Management Group Meeting Notes for the Sexual Assault Prevention and Response Program
• DD Form 2910-7 – High-Risk Response Team Meeting Notes for the Sexual Assault Prevention and Response Program 
• Frequently Asked Questions about the new DD Forms 2910-5/6/7

The Under Secretary of Defense for Personnel and Readiness authorized these three new forms for CMGs and HRRTs in the Actions to Address and Prevent Sexual Assault and Sexual Harassment in the Military Memorandum that accompanied the FY22 Annual Report on Sexual Assault in the Military.

Other Forms

• DD Form 2701 – Initial Form for Victims and Witnesses of Crime
• DD Form 2702 – Court-Martial Information for Victims and Witnesses of Crimes
• DD Form 2873 – Military Protective Order (MPO) 

 

Flexibility to Take “Non-Chargeable Time Off” (Convalescent Leave) for Sexual Assault Victims Seeking Services of Time for Recovery

In response to the Independent Review Commission on Sexual Assault in the Military (IRC-SAM) recommendation for “non-chargeable time off,” Manpower & Reserve Affairs released the “Clarification of Convalescent Leave Policy for Service Members Recovering from Sexual Assault” Memorandum on October 20, 2022. This memorandum

1. Clarifies existing policy for convalescent leave, and
2. States that Commanders should allow Service members to attend, “in a normal duty status” during “normal duty hours,” any scheduled medical or non-medical appointments, services, or counseling related to their sexual assault incidents, both Restricted Reports and Unrestricted Reports, in order to support them in their recovery.

For convalescent leave, Commanders are authorized to grant convalescent leave (non-chargeable) to Service members for their treatment and recuperation from sexual assault based on a recommendation of a medical or mental health care provider or sexual assault medical forensic examiner (SAMFE). Such leave may be approved to start immediately following the release from a medical facility, the completion of a sexual assault forensic examination (SAFE), or the completion of an appointment with a health care provider after either an Unrestricted Report or Restricted Report of sexual assault incident is reported (e.g., a sexual assault victim may be granted convalescent leave immediately after their SAFE or after leaving a mental health appointment – hospitalization is NOT required).

Clarification P&R Memo: Eligibility for Adult Sexual Assault Victims in Unmarried Intimate Partner Relationships to Receive Services from EITHER the Family Advocacy Program OR the Sexual Assault Prevention and Response Program

The Clarification P&R Memo clarifies the role of the Family Advocacy Program (FAP) and the SAPR Program after DoDI 6400.06, "DoD Coordinated Community Response to Domestic Abuse Involving DoD Military and Certain Affiliated Personnel," expanded the definition of "intimate partner" to include a broader category of individuals in unmarried intimate partner relationships, for example "dating" relationships.

• The SAPR Program has and will continue to offer services to adult sexual assault victims in this same category of "dating" relationships. As a result of the expanded definition, some adult sexual assault victims are eligible for, and can choose to receive, services from EITHER the Family Advocacy Program (FAP) OR the SAPR Program.
• FAP will offer services to all adult intimate partner (to include "dating" partner) sexual assault victims under the new definition.
• The SAPR Program will continue to offer services both to all adult sexual assault victims who are non-intimate partners and to adult sexual assault victims who are unmarried intimate partners (to include "dating" partners) EXCEPT FOR THE FOLLOWING THREE CATEGORIES: 1. a current or former spouse; 2. person with whom the alleged abuser shares a child in common; or 3. a current or former intimate partner with whom the alleged abuser shares or has shared a common domicile. FAP will continue to provide services exclusively to those individuals in the three categories.

November 2021 DSD Memo: Updates to DoD Policy and Procedures for the SAPR Program and Adult Sexual Assault Investigations

The Updates to DoD Policy and Procedures for the SAPR Program and Adult Sexual Assault Investigations Memo implements the policy discussed in the DoD’s Congressional report for section 540K of the FY 2020 NDAA (Public Law Number 116-92) and its updates are consistent with recent IRC-SAM recommendations to “increase victim agency” by preserving victim’s Restricted Reporting option and protecting victim preference not to participate in sexual assault investigations (Section 540K Declination Letter). It expands eligibility for the Catch a Serial Offender (CATCH) Program to include any victim who files, or has already filed, an Unrestricted Report and the name of the suspect has not been uncovered. These policy updates encourage reporting, mandate the posting of resources, and require the publicizing of available resources outside a victim’s immediate chain of command.

Safe-to-Report Policies by Service

Each Military Service and the National Guard Bureau has established a Safe-to-Report policy to prescribe guidance and procedures for the treatment of alleged minor and non-minor collateral misconduct by Service member victims of sexual assault. More details are available in DoDI 6495.02, Volume 1.

• DoD-Wide Safe-to-Report Policy
• Air Force Safe-to-Report Policy
• Army Safe-to-Report Policy
• Navy Safe-to-Report Policy
• National Guard Bureau Safe-to-Report Policy

Requirement for Workplace Violence Programs to Provide Services to Sexual Assault Victims

This March 11, 2021, Personnel & Readiness Memorandum requires DoD components to implement component-specific policy that allows DoD civilian employees who have experienced sexual assault to obtain advocacy, support, and referrals available through Workplace Violence Prevention and Response programs. DoDI 1438.06, “DoD Workplace Violence Prevention and Response Policy,” identifies the Deputy for Manpower and Reserve Affairs as the DoD lead for policy development and ensuring implementation of workplace violence prevention and response programs, including education and training, for civilian employees.

• Office of Personnel and Management, “Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies”
• Interagency Security Committee, “Violence in the Federal Workplace: A Guide for Prevention and Response”

Guidance on Command Climate Assessments

Prevention.mil includes all current instructions on command climate assessments. The redesigned Defense Organizational Climate Survey (DEOCS) 5.0 includes improved questions that measure verified protective and risk factors to provide commanders the information they need to understand unit-level problems and implement real solutions.

Revisions to the Monthly Case Management Group (CMG) Meetings for Adult Sexual Assault Cases

The Revisions to CMG Meetings memorandum provides updates and clarifications to current CMG policy in DoD Instruction (DoDI) 6495.02, Sexual Assault Prevention and Response (SAPR) Program Procedures.

Defense Sexual Assault Incident Database (DSAID) Updates Involving the Replacement of Lost Forms, Retaliation Reporting, and Electronic File Locker

The DSAID Updates memorandum addresses several initiatives designed to improve victim support, including the replacement of lost forms, retaliation reporting, and an electronic File Locker.

Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment

Clarifying guidance is provided regarding mental health conditions, sexual assault, and sexual harassment to ensure veterans are aware of the opportunity to have their discharges and military records reviewed. This guidance ensures fair and consistent standards of review for veterans with mental health conditions, or who experienced sexual assault or sexual harassment regardless of when they served or in which Military Department they served.

USD(P&R) Memorandum for Regulations on Inclusion and Command Review of Information on Sex-Related Offenses in Personnel Service Records

The USD(P&R) Memorandum for Regulations on Inclusion and Command Review of Information on Sex-Related Offenses in Personnel Service Records provides for two requirements for accountability of sex-related offenses:

1. The inclusion of information on sex-related offenses in the personnel service records of members of the Armed Forces, and
2. The mandatory review of the personnel record notation by the commanding officer of each Service member's sex-related offenses.

The Services must develop and issue regulations to implement this requirement.

Certification Standards for Department of Defense Sexual Assault Prevention and Response Program Managers

Certifications Standards for DoD SAPR Program Managers provides guidance for the certification for Sexual Assault Prevention and Response (SAPR) Program Managers establishes minimum standards for the qualifications necessary to be selected, trained, and certified for assignment as a SAPR Program Manager.