Navy’s new policy ensures service members won’t face punishment for misconduct related to reports of sexual assault

The Navy says sailors or Marines who need to report a sexual assault will no longer need to fear they’ll be prosecuted for minor misconduct that may also have been involved.

That fear can keep victims from making an unrestricted report of sexual assault through the Sexual Assault Prevention and Response Office or the Family Advocacy Program.

“Choosing to report a sexual assault is already a major decision for a survivor,” said Secretary of the Navy Carlos Del Toro. “It is a first step to accessing the services they need and the justice they deserve. Removing this barrier empowers victims and survivors — they should not have to choose whether to implicate themselves by reporting a crime committed against them.”

The “collateral misconduct” the new policy addresses includes such issues as: underage drinking at or near the time of the sexual assault, an unprofessional relationship with the accused or ignoring orders on curfew, off-limits businesses, or policies about berthing areas or barracks.

Before the new policy, there was nothing to protect victims from disciplinary action associated with their own misconduct in connection to an alleged assault.

That meant victims may have had to choose whether to implicate themselves for misconduct by reporting an assault.

“Collateral misconduct by the victim of a sexual assault is one of the most significant barriers to reporting because of the victim’s fear of punishment,” said Andrea Goldstein, assistant director, Navy Force Resiliency.

“We’re committed to removing barriers to reporting, restoring (the) victim’s trust, and improving victim care,” she said.

Under the new policy, commanding officers, in consultation with their staff judge advocate, must assess whether misconduct was associated with a report of sexual assault.

If they find the misconduct is minor, the victim would not be punished, although the commanding officer would be able to take non-disciplinary action such as referral to substance abuse treatment.

Dave Ress, 757-247-4535, dress@dailypress.com