Military Law Enforcement/Investigators: In your experience, What percentage of SHARP investigations are confirmed and prosecuted?

2014-09-02T11:59:36-04:00

Informal conversations I have had with military LE suggests that many SHARP (harassment and assault) cases are dropped from investigation. This seems at odds with what I see reported in the media and by our own leadership.

What has been your experience? If true, what would be some causes of this? Lack of evidence, lack of cooperation, falsifications, command bias, abuse of reporting, sexism?

It was suggested to me that those that are victims are less likely to pursue charges or report the incident, while those that are reporting SHARP violations are many time doing so out of ulterior motives or even falsifying testimony.

I have personally seen examples of victims refusing to report, reporting and being ostracized until all the evidence finally played out, and individuals making false accusations for various reasons including their SO finding out about an affair and personality conflicts with a leader.

I have definitely seen behavior that was troubling sometimes welcomed, many times not. What needs to be done to change the environment? The solution can't be more PowerPoints and it can't be reducing constitutional rights to confront an accuser and reducing burden of proof to prosecute.

Any thoughts? Experiences?

Response by Jordan Gaudard made Sep 2 at 2014 4:55 PM

2014-09-02T16:55:30-04:00

I can't say I am really comfortable putting out a lot of information about falsifications, abuse of reporting, lack of evidence etc because a lot of it is opinion based. Once the two individuals involved go into the room alone it is hard to say if both were willing. Just because you saw them at the bar hanging off each other doesn't mean that he or she wanted to do anything more that night.

However, I feel like the unit I was a part of handled a situation the way it was supposed to go. The female filed the report, there was an investigation and the other individual was sent to prison for 18 months and discharged out of the military. There are quite a few theories as to if it was or was not rape, but if the victim had the courage to report it I would have to say that it was not a false accusation.

I do not believe there is a way that we can completely expunge Sexual Harassment and Sexual Assault out of our military. I also don't believe that PowerPoint is the best the solution. The military needs to do background investigations on every Soldier, Sailor, Airmen and Marine. If you go to school to be an Armorer, UPL, Key Control and a few other additional duties you get a pretty good investigation. Accompany that with a security clearance and it is done a little better. However, even being in Military Intelligence with all of that we still have the same problem that other units have. I just feel like spouse abuse, drug abuse, sexual assault, etc. are a lot less common occurrences. Programs like BOSS also help by giving individuals a better environment for activities outside of work than drinking in the barracks rooms or going to the club.

Response by SFC Dr. Joseph Finck, BS, MA, DSS made Oct 12 at 2014 9:57 AM

2014-10-12T09:57:08-04:00

SFC Private RallyPoint Member My experience as both an Army CID Special Agent and a civilian CID Special Agent assigned to the Special Victims unit, is this percentage is much lower than many would like to admit.

The restricted reporting system has allowed many survivors of sexual assault and rape file a report which, if and when they are ready, has the physical, serological, and testimonial evidence to be successfully investigated.

Counter-intuitive behavior by survivors is misunderstood and poorly researched through empirical data. Examples include not reporting for long periods of time, maintaining contact with the suspect or subject, etc. Remember, our microcosm of society is based on trust, discipline, order, and the expectation your life will be in your brother or sisters control. This creates issues for these survivors as their entire belief as well as value system is destroyed by this act.

Further, and sadly, most survivors who report or largely ostracized by their own units. I have seen the reporting person (RP) be transferred to another unit while the suspect or subject remains in their original assignment.

Lastly, the emotional impact of reporting and being interviewed during an intrusive investigation by a Sexual Assault Nurse Examiner (SANE), an Army CID Special Agent, Trial Counsel, and the probability or an Article 32 investigation and potential Courts Martial is enough to keep false reports to a minimum.

Statistically, only 1% of all allegations are ever shown to be false within the military (all branches). Further, an astonishing 65%, of sexual assaults or rapes, or higher are likely not reported at all.

Just my experience here.

SFC Joseph M. Finck USA (Ret)

Response by LTC Private RallyPoint Member made Mar 21 at 2016 8:58 AM

2016-03-21T08:58:30-04:00

I have been the IO on 6 SHARP related AR 15-6s. All 6 turned out to be false accusations.

Response by SSG Private RallyPoint Member made Mar 21 at 2016 12:54 PM

2016-03-21T12:54:44-04:00

As someone who has been to SVUIC false reporting is no more prevalent than in any other crime. The problem is CoC don't want to believe it can happen in their Unit. Also Predator are statically the "Golden Child" of the unit. Good Weapons, PT ect... so units don't want to believe they could be a pervert. Once you start talking to peers about the person they will tell you something was a little off or they have had trouble in the past but it was over looked because surely it could not be them... they are a Stellar Soldier.
Also Traumatic experiences are processed differently mentally. The victim can not remember everything right away so they are seen as lying. SA Frinck hit it on the head.
If there is an allegation it is up to L/E to investigate not some officer that does not or has not been trained in Sexual Assault investigations to do a 15-6. The Chain of Command should be take completely out of SHARP investigation.

Response by MAJ Private RallyPoint Member made Dec 12 at 2020 11:15 AM

2020-12-12T11:15:48-05:00

I had the privilege of being IO on approximately 4 15-6s concerning SHARP complaint/cases in the Fort Hood / Fort Benning Facilities. Every single one turned out to be a false accusation by a junior Soldier to a higher ranking Soldier.

Response by SPC Private RallyPoint Member made Aug 11 at 2021 12:39 PM

2021-08-11T12:39:02-04:00

I have seen cases that are unsubstantiated, false accusation, and cases that have been proven. I don't know percentages, just what I've seen and I try not to think about those ones too often.

There has been lack of evidence, lack of cooperation from the victim, lying/covering from leadership, and false accusations from pettiness to revenge.

I know in one incident a female was assaulted in a latrine, and all the females on post began buying knives from the PX and the males walked around in team and squad levels looking for the suspect. If they ever caught the guy I doubt the MP's would receive him in good condition. While some may find that behavior concerning, I didn't. I saw Soldiers trying to protect themselves and one of their own from someone who is no longer one our brothers in anyway they thought they could.

I'm not sure what can be done to fix it, if anything. I know for sure the immediate chain of command should have no say whatsoever. No matter how good the NCO or CO, precedent has proven they shouldn't be trust at all levels to handle this issue in their own ranks.

I can tell you the CID Agents I have seen take it seriously regardless of what some people say, some of them take it personally. They want to find the person that did it. It doesn't always work out well.