SCENARIO: One of your troops gets accused of sexual assault. How do you best take care of them?

2016-01-16T17:20:40-05:00

We often hear about how the DOD takes care of sexual assault victims but I am curious--how do leaders take care of the accused? Have you ever had to?

I fear that the accused doesn't always get the respect, leadership, and support that they deserve so I thought I would come to RP for your input.

Response by Sgt Aaron Kennedy, MS made Jan 16 at 2016 5:30 PM

2016-01-16T17:30:38-05:00

Get him to Legal. Immediately. Make sure he has representation.

After that, remind him that "I" am impartial to the "process." I will be happy to act as a character witness if he is deserving, and will state the truth & facts as I was witness to them. But that's all I can do.

Now, after that, I will be happy to provide any MORAL support I can. I will be happy to discuss OPTIONS that are presented to them. But I should not discuss the "case" or "facts" regarding the case, because I can be a witness for EITHER side, and "context" can be damning.

Response by COL Jon Thompson made Jan 16 at 2016 6:03 PM

2016-01-16T18:03:26-05:00

I would think the biggest thing is making sure the accused rights are protected. I would consult with legal about what I can and cannot discuss with the person. I would also make sure they receive legal representation right away. Then, I would want to make sure they do not have contact with the accuser and if they have a working relationship, I would have to move that person from that position. I think the biggest thing is not doing anything that will prejudice the case in anyway. Fortunately, I am retired now and do not have to deal with the leadership/command issues in my current position.

Response by MSgt John Carroll made Jan 16 at 2016 6:31 PM

2016-01-16T18:31:08-05:00

1. DO NOT discuss it with anyone to include the accused...ever. He (or she) has legal rights covered by article 31.
2. Ensure they get legal representation.
3. Remember they are INNOCENT until PROVEN guilty.
4. Squish any rumors.
5. Maintain faith in the legal system

Response by Cpl Rc Layne made Jan 16 at 2016 6:51 PM

2016-01-16T18:51:48-05:00

I was once accused of sexual harassment by a female Marine after yelling at her for pointing her rifle at me on the 500 yard line ready box. With all other Marines present, including 2 female SNCOs, speaking on my behalf, the SSGT I was working for took her side. I lost all respect for him in a heartbeat. It gave me a great deal of satisfaction to find out that he didn't make it to 20.

Response by SCPO Joshua I made Jan 16 at 2016 8:01 PM

2016-01-16T20:01:24-05:00

Tell them to get a civilian lawyer and make no statements of any kind to anyone without that lawyer's approval.

Response by CMSgt James Nolan made Jan 16 at 2016 8:44 PM

2016-01-16T20:44:10-05:00

A lot of great responses.
The job of a leader is not to "take care" of the accused, but to ensure that they are not "railroaded". You have to ensure that rights are understood and observed. Don't talk about the facts of the case, or you will become what we like to call a witness.
Keep your own opinions of the case, to yourself. Don't allow the rumor mill to run.
Reserve judgement until the case is resolved, especially if the case is a "he said, she said".
Check on the accused. Being accused of a serious crime can cause serious issues. Families can fall apart, careers can be destroyed. Make sure they are going to hurt themselves. If anything, in my opinion, that would be the "take care of" portion.

Response by MAJ Bill Darling made Jan 16 at 2016 9:05 PM

2016-01-16T21:05:29-05:00

I am concerned about the trend in both civilian and military circles to circumvent the natural order of things in our legal system. While I did not have the opportunity to command, I presume that I would ensure that the accused is treated with a presumption of innocence and that justice is pursued, within the limits of the UCMJ or local authorities. There are moves these days to assume that the accuser is automatically believed (a reversal of our system), to hide the identity of the accuser but publicize the name of the accused (again a reversal), and to try to apply a flawed "zero tolerance" to cases which should only be addressed case by case. The results of the years since Tailhook 1991 have a been a Who's Who of bungled investigations and courts martial.

Response by 1SG Private RallyPoint Member made Jan 18 at 2016 2:34 PM

2016-01-18T14:34:03-05:00

Unless I am somehow witness to events, the single best thing I can do is make sure that he gets legal counsel. The next most important thing I can do is advise the commander to conduct a full and impartial investigation to uncover the truth.
The accused has rights, just like the accuser. It is our duty to ensure both get their rights fully understood so they can pursue their options, and to safeguard both parties throughout the investigation process.

Response by LCDR Private RallyPoint Member made Jan 18 at 2016 2:43 PM

2016-01-18T14:43:48-05:00

In addition to what everyone said about quashing the rumor mill and ensuring that the accused has access to defense counsel, it's important to move one of the parties so they don't have to interact while this process plays itself out (which can add fuel to an already tense situation). With an unrestricted report, a victim has the right to transfer. Otherwise, the accused can be sent TAD/ TDY.

Response by CPL Earl Kochis made Sep 13 at 2019 4:41 PM

2019-09-13T16:41:45-04:00

In this case the first thing is legal counsel. The next is to make sure there is an impartial investigation to make sure the accused doesn’t get railroaded by a lie!! Commanders can do internal investigations as well as have cid and local law enforcement do side by side investigations!!