What are the two types of reporting for sexual assault? The two types of reporting are “restricted” and “unrestricted.” This terminology and the procedures each term represents are specific to the military. The military has protocols for handling sexual assault claims.
Still, some survivors can bring claims to civil court. A Las Vegas sexual assault lawyer can provide critical support and effective representation.
The Department of Defense Policy on Reporting Sexual Assault
Sexual assaults can happen to anyone, even members of the military. The Sexual Assault Prevention and Response (SAPR) Office of the Department of Defense (DoD) has established two types of reporting for sexual assault.
The options are intended to allow those who have experienced the assault agency to decide what happens next. The type of report they choose determines who learns of the assault, whether their identities are revealed, whether there is an investigation, and what recovery resources they can access.
Restricted Reporting for Sexual Assault
One reporting option is the restricted report. As the name implies, this report limits the amount of information included in the report and who learns of the incident.
If you opt for restricted reporting, you can disclose the attack to a Sexual Assault Response Coordinator (SARC), a Victim Advocate (VA), or a healthcare practitioner. This disclosure gives you access to medical and mental health treatment. You can also seek services through SAPR, Sexual Harassment/Assault Response and Prevention (SHARP), or Sexual Assault Prevention, Response, and Recovery (SAPRR).
The Follow-Up to a Restricted Report
Neither your chain of command nor the attacker is notified if you make a restricted report. There will be no follow-up investigation of the offense either. You can speak with a Special Victim’s Counsel, a legal assistance lawyer, or a chaplain about the attack without prompting an investigation. These parties cannot take an “official” report of the attack.
Restricted reporting also prevents you from receiving protective measures. For example, you cannot get Military Protective Orders or an Expedited Transfer Victim Request. You can have a Safety Assessment Tool implemented.
What Happens to a Restricted Report
Only you and the SARC ever see the report. The SARC must tell the commander that a report was filed, but does not reveal any identifying information about you. Commanders cannot investigate to discover the reporter. The SARC keeps a copy of the report for 50 years.
You have the option of changing the type of report for sexual assault from restricted to unrestricted at any time if you want the attack criminally investigated.
Unrestricted Reporting for Sexual Assault
The second type of reporting for sexual assault is “unrestricted.” You can report the attack to SARC, a victim, a legal advocate, a healthcare provider, or a member of your chain of command. If you report to SARC first, they will assign a VA right away, inform your commander and the military investigative agency for your branch, and legal personnel.
If you make an unrestricted report, you can get Military Protective Orders and apply for an Expedited Transfer. As with a restricted report, you also have access to medical and mental-health care.
SAFE Exams
No matter what type of reporting for sexual assault you choose, you are entitled to a Sexual Assault Forensic Exam (SAFE), but no one can force you to undergo this process. The exam is carried out to collect physical evidence from your clothes and body that can support your claim of sexual assault.
The Follow-Up to an Unrestricted Report
Once investigators are contacted, you will have to give a detailed account of the attack. Those looking into the attack will also speak to witnesses and work to uncover other evidence and information. Your VA can explain how the military justice process unfolds and will work to protect and help you exercise your rights throughout that process.
Know Your Rights
The DoD Victim and Witness Assistance document, section 3.2, establishes your rights. Among others, you have the right to:
- Reasonable protection from the accused
- Reasonable, accurate, and timely notice of all proceedings
- Be present at all proceedings
- Be heard at all proceedings
- Timely execution of all proceedings
- Be treated fairly
Item 5c also gives you the right to “seek the advice of a private attorney at their own expense.”
Pursuing a Civil Claim for Compensation
It can be difficult for military personnel to have their claims heard in civil court. If you want to pursue this path to justice, our team can help. Our team has the top traits of a personal injury attorney: experience, availability, and legal knowledge. We also treat every client with compassion and respect as we stand with them and fight for them.
We know the evidence needed for sexual assault and will explore every avenue of information. A favorable personal injury claim outcome can give you a sense of personal justice. The damages you receive acknowledge what you have endured and help you heal. In demanding compensation from your attacker, you will likely experience a sense of empowerment.
Collecting Damages
Per the DoD, you have the right to seek the advice of a private attorney. When you partner with us, you don’t have to pay any upfront costs. Our personal injury team works on contingency. This means we only get paid if we secure you compensation.
A sexual assault incurs high physical, psychological, and financial costs. Even if the military covers medical expenses, you still deserve acknowledgment for your pain and emotional suffering. Survivors of sexual assault often experience trauma that affects their relationships and quality of life. These losses are included in the damages that can be recovered in a personal injury case.
Get Honest, Experienced Representation
It’s important to understand the two types of reporting for sexual assault if you experience an attack during your time in the military.
It’s also important to understand your right to pursue justice through the civil system. The team at H&P Law will listen to your story to see if partnering with us serves your interests. We are on your side, and our goal is to get you justice.
