Definition of Sexual Assault
Sexual assault is criminal conduct that falls well below the standards that America expects of its men and women in uniform and is a direct violation of our Air Force Core Values.
Sexual Assault: Intentional sexual contact characterized by use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent. The term includes a broad category of sexual offenses consisting of the following specific Uniform Code of Military Justice offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal sex), or attempts to commit these acts.
Consent: Words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent. There is no consent where the person is sleeping or incapacitated, such as due to age, alcohol or drugs, or mental incapacity.
Reporting Options
Unrestricted Reporting: Reporting option that allows an eligible person who is sexually assaulted to access medical treatment and counseling and request an official investigation of the allegation using existing reporting channels (e.g., chain of command, law enforcement, health care personnel, the SARC). When a sexual assault is reported through Unrestricted Reporting, a SARC shall be notified as soon as possible, respond, assign a SAPR VA, and offer the victim medical care and a SAFE.
Eligible for Unrestricted Reporting Option:
- All Service members and their Dependents over the age of 18
- DoD Civilians and their Dependents over the age of 18 when they are stationed or performing duties OCONUS (limitations apply; contact the SAPR office for details)
Restricted Reporting: Reporting option that allows an eligible person who is sexually assaulted to confidentially disclose the assault to specified individuals (i.e., SARC, SAPR VA, or health care personnel), and receive medical treatment, including emergency care, counseling, and assignment of a SARC and SAPR VA, without triggering an investigation. The victim's report provided to health care personnel (including the information acquired from a Sexual Assault Forensic Examine (SAFE) Kit, SARCs, or SAPR VAs will NOT be reported to law enforcement or to the command to initiate the official investigative process unless the victim consents or an established EXCEPTION applies. Only a SARC, SAPR VA, or health care personnel may receive a Restricted Report.
Eligible for Restricted Reporting Option:
- All Service members and their Dependents over the age of 18
- Air Force civilian employees (limitations apply; contact the SAPR office for details)
Independent Investigations: Independent investigations are not initiated by the victim. If information about a sexual assault comes to a commander's attention from a source other than a victim who has elected Restricted Reporting or where no election has been made by the victim, that commander shall report the matter to an Military Criminal Investigative Organization and an official (independent) investigation may be initiated based on that independently acquired information. If there is an ongoing independent investigation, the sexual assault victim will no longer have the option of Restricted Reporting when DoD law enforcement informs the SARC of the investigation and the victim has not already elected Restricted Reporting.