What Is Sexual Assault?

What is sexual assault?

Sexual assault can be defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender. (SOURCE: OPNAVINST 1752.1B)

What is the legal definition of rape?

Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. (SOURCE: Attorney General Eric Holder press release 6 Jan 2012.)

What is sexual harassment?

A form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

a. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career, or

b. Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person, or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment. (SOURCE: OPNAVINST 1752.1B)

Have military personnel experienced sexual harassment and/or sexual assault?

Of women who experienced unwanted sexual contact, over 50 percent had experienced these other unwanted and intimidating behaviors. Twenty-five percent indicated the offender sexually harassed or stalked them before and after the incident. Twenty-three percent of women indicated the offender sexually harassed or stalked them before the incident and 7% indicated the offender sexually harassed or stalked them after the incident. (SOURCE: 2010 Workplace and Gender Relations Survey of Active Duty Members: Overview Report on Sexual Assault, Page 29)

Of the men who experienced unwanted sexual contact, 24 percent indicated the offender sexually harassed or stalked them before and after the incident. Eleven percent of men indicated the offender sexually harassed or stalked them before the incident and 3% indicated the offender sexually harassed or stalked them after the incident. (SOURCE: 2010 Workplace and Gender Relations Survey of Active Duty Members: Overview Report on Sexual Assault, Pages 29-30)

What is Military Sexual Trauma?

Psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty or active duty for training. (SOURCE: U.S. Department of Veterans Affairs webpage. Retrieved online from

Why should Sailors prevent sexual assault?

The day-to-day duty of every Navy man and woman is to work together as a team to improve the quality of our work, our people, and ourselves.

We show respect toward everyone on the team without regard to race, religion, or gender.

We all have a responsibility to care for the safety, professional, personal, and spiritual well-being of our people.

Our missions will be more successful, and we will work better as a team when the well-being of everyone is treated as important.

Preventing sexual assault is related to the Navy’s core values of honor, courage, and commitment.

If all Sailors take a stand when someone is starting to cross the line with another Sailor, they will play a vital role in preventing harm to a victim and in preserving a unit’s ability to function proficiently.

Offenders of sexual assault rely on your inaction to ensure they can have their way with a victim.

Your quick action is not meddling — it is assisting a fellow Sailor in harm’s way.

(SOURCE: “Hurts One, Affects All”. (2011). Navy Training Video Facilitator’s Guide. 4.)

What does Active Bystander Intervention mean?

Active bystanders take the initiative to help someone who may be targeted for a sexual assault.

Intervention doesn’t mean that you directly intervene stop a crime in progress; rather, these steps are “early intervention” – before the crime begins to occur. (SOURCE: “I got her out of there”. (ND). DoD Active Bystander Training Guide)

What are the three components of Active Bystander Intervention?

There are three components to Active Bystander Intervention. They are referred to as the ABCs:

Assess for safety. Ensure that all parties are safe, and if the situation requires calling authorities. When deciding to intervene, your personal safety should be the #1 priority. When in doubt, call for help.

Be with others. If safe to intervene, you’re likely to have a greater influence on the parties involved when you work together with someone or several people. Your safety is increased when you stay with a group of friends that you know well.

Care for your fellow Sailor. If it appears that someone’s attempts to fend off the unwanted sexual advances aren’t working, we want you to feel responsible for the welfare of another human being, and offer to help-- even if that person is not aware they need help. Focus on the inappropriate behavior that should be stopped. (SOURCE: “I got her out of there”. (ND). DoD Active Bystander Training Guide)

What does Navy leadership think about sexual assault?

Sexual assault is not only a reprehensible act, it is a criminal act. It is corrosive to our morale, to our readiness and to our combat ability. A culture change of no tolerance within all ranks is necessary to overcome this epidemic; it must be achieved through strong leadership and by holding perpetrators accountable.

What article in the UCMJ covers sexual assault?

Article 120 - rape, sexual assault, and other sexual misconduct. (SOURCE: Manual for Courts-Martial United States. 2008.)

What is a Restricted Report?

Restricted reporting allows a sexual assault victim to confidentially disclose the details of his or her assault to specified individuals and receive medical treatment and counseling, without triggering the official investigative process. Service members who are sexually assaulted and desire restricted reporting under this policy may only report the assault to theSexual Assault Response Coordinator (SARC), Victim Advocates, Healthcare providers, and Chaplains.

Benefits of Restricted Reporting:

• Victim receives appropriate medical treatment, advocacy and counseling.
• Victim has time to consider options and to begin the healing process.
• Victim can seek relevant information and support, and make more informed decisions about participating in a criminal investigation.
• Victim controls the release and management of his/her personal information.
• Victim decides whether and when to move forward with initiating an investigation.

Limitations of Restricted Reporting:

• Perpetrator remains unpunished and at large.
• Victim cannot receive a Military Protective Order (MPO) or an expedited transfer.
• Perpetrator may continue to have contact with the victim.
• Evidence from the crime scene may be lost.
• Victims are limited to a few specified individuals with whom they can discuss the sexual assault.

(SOURCE: Sexual Assault Prevention and Response: Reporting Options. ND. CNIC webpage.)

What is an Unrestricted Report?

Available for:

• Active Duty Military
• Retired Military
• Civilians
• Family members 18 and older

Can be reported to:

• Sexual Assault Prevention and Response Victim Advocate (SAPR VA)
• Sexual Assault Response Coordinator (SARC)
• Military or civilian law enforcement
• Military or civilian Health Care Personnel (including FFSC counselors)
• Chain of Command

***With unrestricted reporting, the sexual assault must be reported to the command for all active duty members and to NCIS/military law enforcement for investigation for all active duty members and other beneficiaries

Services available:

• Victim Advocacy
• Medical Care
• Sexual Assault Forensic Exam
• Counseling

Benefits of Unrestricted Reporting:

• Ensures the widest range of rights and protections to the victim.
• Command assistance regarding safety and assignment (e.g., Military Protective Orders-MPOs, expedited transfer, deferred collateral misconduct, etc.).
• Accountability of perpetrator.
• Enhanced community safety.

Limitations of Unrestricted Reporting:

• Victim cannot change to Restricted Reporting.
• Victim may consider investigation or legal process too intrusive.
• Assault will be known and discussed amongst those with a need to know.
• Investigation and court proceedings may be lengthy (approximately 6-18 months).
• Offender(s) may not be convicted.

(Source: Sexual Assault Prevention and Response: Reporting Options. ND. CNIC webpage.)

FACT: Every 2 minutes, someone in the U.S. is sexually assaulted. (SOURCE: U.S. Department of Justice, National Crime Victimization Survey, 2006-2010 is cited on this webpage.)

FACT: 1 in 4 girls will be sexually assaulted by the age of 18. (SOURCE: U.S. Department of Justice. 2004 National Crime Victimization Survey. 2004.)

FACT: 1 in 6 women have experienced an attempted or completed rape in their lifetime. (SOURCE: National Institute of Justice & Centers for Disease Control & Prevention, Prevalence, Incidence and Consequences of Violence Against Women Survey, 1998)

Effects of Sexual Assault on Victims

FACT:Victims of sexual assault are:

• 3 times more likely to suffer from depression.
• 6 times more likely to suffer from post-traumatic stress disorder.
• 13 times more likely to abuse alcohol.
• 26 times more likely to abuse drugs.
• 4 times more likely to contemplate suicide.

(SOURCE: World Health Organization. 2002.)

FACT: According to medical reports, the incidence of pregnancy for one-time unprotected sexual intercourse is 5%. (SOURCE: U.S. Department of Justice. 2005 National Crime Victimization Survey, 2005)

FACT: The Veterans Administration (VA) spends approximately $10,880 on healthcare costs per military sexual assault survivor. Adjusting for inflation, this means that in 2010 alone, the VA spent almost $872 million dollars on sexual assault-related healthcare expenditures.(SOURCE: Suris et al. 2004. “Sexual Assault in Women Veterans: An Examination of PTSD Risk, Health Care Utilization, and Cost of Care.” Psychosomatic Medicine 66: 749-756)

FACT: About 40% of sexual assaults against women and 23% of sexual assaults against men involve alcohol and/or other drugs.(SOURCE: DoD. (2011). 2010 WGRA. Washington, DC: DMDC. Available:

FACT: The highest risk group for becoming a sexual assault victim is E-1 to E-4, ages 20 to 24, most incidents occurring during the weekends and with alcohol playing a major role, impairing the judgment of predators, victims, and bystanders.

FACT: Sexual Assault training must provide an environment for a frank discussion about mental models, assumptions, development of a command climate intolerant of sexual assault, and at the same time be supportive of sexual assault prevention and bystander intervention behavior. Sailors are trained not as potential perpetrators or victims of sexual assault, but as bystanders who can and will intervene with other Sailors when they encounter risky situations.

FACT: The Department of Defense ODODP estimates that legal expenses that result from military sexual assault cases average $40,000 per case. With 481 sexual assault-related courts-martial in 2010, DOD legal expenses totaled more than 19 million dollars. (SOURCE: Department of Defense, SAPRO. 2010; 2011.)

FACT: Approximately 2/3 of rapes are committed by someone known to the victim. 73% of sexual assaults are perpetrated by a non-stranger. 38% of rapists are a friend or acquaintance of the victim; 28% are an intimate partner; 7% are a relative. (SOURCE: U.S. Department of Justice. 2005 National Crime Victimization Study, 2005)

Myth: Sexual assault is a crime of passion and lust.

Fact: Sexual assault is a crime of violence. Assailants seek to dominate, humiliate and punish their victims. (SOURCE: Common Myths and the Facts that Dispel Them. (ND). The Voices and Faces Project. Retrieved from

Myth: Sexual assault is an impulsive act.

Fact: Seventy-five percent of all assaults are planned in advance. When three or more assailants are involved, 90% are planned. If two assailants are involved, 83% are planned. With one assailant, 58% are planned. (SOURCE: Common Myths and the Facts that Dispel Them. (ND). The Voices and Faces Project. Retrieved from

Myth: You cannot be assaulted against your will.

Fact: Assailants overpower their victims with the threat of violence or with actual violence. Especially in cases of acquaintance rape or incest, an assailant uses the victim’s trust in him to isolate her. (SOURCE: Common Myths and the Facts that Dispel Them. (ND). The Voices and Faces Project. Retrieved from

Myth: There is no one to contact for help.

Fact: Wrong. You can contact “Safe Helpline” – they are a call, click or text away! You can call the Safe Helpline for live, one-on-one advice, support, information, and assistance that is anonymous, secure, and available 24/7 at 877-995-5247 (phone number is the same inside the U.S. or via the DSN) or go to They can also connect you with the SARC on your installation or base, and other military and civilian resources in your area.

Myth: Many women claim that they have been sexually assaulted because they want revenge upon the man they accuse.

Fact: Only 4-6% of sexual assault cases are based on false accusation. This percentage of unsubstantiated cases is the same as with many other reported crimes. (SOURCE: Common Myths and the Facts that Dispel Them. (ND). The Voices and Faces Project. Retrieved from

Myth: Sexual assault does not affect combat effectiveness.

Fact: Sexual assault is incompatible with Navy core values and it is corrosive to morale and

to operational and combat readiness. (SOURCE: DOD Fiscal Year 2010 Annual Report on Sexual Assault in the Military; 2011. 37)

Myth: Sexual assault does not affect mission readiness.

Fact: The crime of sexual assault takes an immeasurable toll on the victim and diminishes the

Department of Defense’s (DoD) overall capability by undermining core values, degrading mission readiness, subverting strategic goodwill, and raising financial costs. (SOURCE: DOD Fiscal Year 2010 Annual Report on Sexual Assault in the Military; 2011. 6)

Myth: Bystander Intervention Training is all the Navy needs to fix the problem.

Fact: Bystander intervention training is a piece of a larger strategy addressing changes in attitudes and behaviors in the Department of the Navy. Messaging must be truthful, targeted and position based. It must be both formal and informal. It must support a service culture of professionalism, respect and trust.