Gonzalez & Waddington – Attorneys at Law

Sexual Assault in the Military: Resources for Survivors

Experiencing sexual assault is a traumatic event, and within the military context, it can present unique challenges and complexities. At Gonzalez & Waddington, we recognize the profound impact sexual assault has on survivors and the critical importance of accessible support. This page is dedicated to providing comprehensive resources for survivors of sexual assault in the military, offering avenues for support, understanding your rights, and navigating the path to healing and justice.

Immediate Support and Crisis Intervention for Military Sexual Assault Survivors

For survivors of sexual assault, immediate support is paramount. A national network of community rape crisis centers and local organizations stands ready to provide unwavering support. Organizations like RAINN (Rape, Abuse & Incest National Network) and the National Network of National Sexual Violence Resource Centers (NSVRC) offer crucial assistance tailored to the unique needs of survivors, including those within the military community.

National Hotlines and Support Services:

Connecting with trained professionals can provide a lifeline in the aftermath of an assault. These services offer immediate crisis intervention, emotional support, and crucial information:

  • RAINN National Sexual Assault Hotline: 1-800-656-HOPE (24/7, confidential). Connects you with a local rape crisis center.
  • VictimConnect Resource Center: Call 855-484-2846 or text 1-855-4-VICTIM (24/7, confidential). Provides information and helps find services for victims of any crime, including sexual assault. You can also visit their online resource map.
  • Safe Horizon: 1-800-621-HOPE (4673) (24/7, free, confidential, English and Spanish, with translations in over 130 languages). Supports survivors of domestic violence, rape, incest, sexual assault, and other violent crimes.
  • DoD Safe Helpline: 877-995-5247 (24/7, confidential). Specifically designed for military sexual assault survivors. Offers anonymous and confidential help, including live chat, phone support, and local resource connection.

These resources can provide vital support in terms of your immediate safety, emotional well-being, and physical health, helping you and your friends and family cope with the profound aftermath of an attack.

Navigating Medical and Mental Health Support After Sexual Assault

Seeking medical attention and mental health support after a sexual assault is a critical step for recovery, even if time has passed since the incident. Local mental health centers can provide information about sexual assault treatment programs and guide you through the intake process to access specialized care.

Specialized Care and Treatment Programs:

Many programs offer specialized services, including:

  • Individual and Group Therapy: Tailored therapeutic approaches to process trauma, develop coping mechanisms, and promote healing.
  • Support Groups: Safe spaces where survivors can connect with others who have similar experiences, fostering a sense of community and reducing isolation.
  • Medical Follow-Up: Essential for addressing any physical injuries, sexually transmitted infections (STIs), or pregnancy concerns. SANE (Sexual Assault Nurse Examiner) programs provide forensic medical evaluations at hospitals and collaborate with law enforcement.
  • Social Work Services: Assistance with navigating various systems, such as housing, employment, or academic support.
  • Trauma-Informed Practices: Approaches like Trauma-Sensitive Yoga (often called Exhale Inhale Trauma-Informed Yoga) use mindful movement as a foundation to empower those affected by domestic violence and sexual assault and facilitate healing.

These important resources are designed to provide support in any way you need, whether it is for mental health, emotional recovery, or physical well-being. For information on crime and victim support when a crime occurs on a college or university campus, or if you are a victim of sexual assault on campus, the Clery Center provides specific guidance.

Understanding Your Rights and Legal Options in Military Sexual Assault Cases

Knowing your rights is empowering. For military sexual assault survivors, understanding the available reporting options and legal pathways within the Uniform Code of Military Justice (UCMJ) is crucial. Unlike civilian cases, military sexual assault involves unique reporting mechanisms and judicial processes.

Reporting Options: Restricted vs. Unrestricted Reports:

The military offers two primary reporting options for sexual assault:

  • Restricted Report: Allows survivors to receive medical care, counseling, and victim advocacy without triggering an official investigation or notification to the chain of command. This option provides time for healing and deciding on further action.
  • Unrestricted Report: Triggers an official investigation by military law enforcement (NCIS, OSI, CID, MPI) and notification to the chain of command. This option is for survivors who wish to pursue justice and hold the perpetrator accountable through the military justice system.

The decision between a Restricted and Unrestricted Report is deeply personal and should be made after careful consideration and consultation with a Sexual Assault Response Coordinator (SARC) or a victim advocate. These professionals can explain the implications of each choice without pressure.

Legal Protections and Rights Under the UCMJ:

The UCMJ, particularly UCMJ Article 120 (Sexual Assault), outlines the framework for prosecuting sexual offenses within the military. Beyond prosecution, service members have specific rights:

  • Right to a Victim Advocate: Access to a trained advocate who can provide emotional support, information, and accompany you through medical and legal processes.
  • Right to Legal Counsel: While victims in military cases are not prosecuting attorneys, they have the right to consult with military victim legal counsel (VLC) or civilian attorneys who can advise them on their rights and options.
  • Protection from Retaliation: Policies are in place to protect survivors from retaliation for reporting sexual assault.
  • Right to Be Heard: The opportunity to provide input during various stages of the military justice process, including sentencing.

Each state also has different laws defining sexual crimes and consequences for assault, how to report them to the police, what to do after an attack, and whether you can file a civil lawsuit. Lawyers, rape crisis centers, helplines, and advocacy programs in your community can help you exercise these rights. For more information about the laws in your state, visit the RAINN website.

Additionally, the White House has provided fact sheets detailing your rights concerning sexual harassment and violence and what you can do in an educational environment (e.g., Title IX). The Title IX Initiative can provide information on UTD complaint filing guidelines and references to campus and community resources.

Understanding Sexual Assault: Beyond Stereotypes

UCMJ Article 120 - Sexual Assault

A sexual act committed without consent, as a result of violence, intimidation, pressure, or coercion, is an act of violence and abuse, regardless of whether it involves physical penetration or not. This applies irrespective of the victim’s gender, sexual orientation, or the relationship between the perpetrator and victim.

Challenging Misconceptions:

  • Victims of All Genders: It is a harmful stereotype that only women are victims of sexual assault and men are perpetrators. The Office for Victims of Crime reports that a significant percentage of men also experience sexual assault or other forms of rape in their lives.
  • Acquaintance Rape: The majority of sexual assaults are committed by someone known to the victim. In reality, 40.8 percent of female rape victims report that the perpetrator was an acquaintance.
  • Consent: Consent must be freely and enthusiastically given. Pressure, intimidation, or forcing someone to do a sexual act they didn’t want to do, regardless of whether it’s through overt violence or subtle sexual coercion, constitutes assault. Lack of resistance does not equate to consent.

Understanding these realities is crucial for fostering a supportive environment for all survivors and challenging the societal myths that often impede reporting and healing.

Additional Resources and Advocacy for Survivors

The journey of healing and seeking justice can be long, and a network of support is essential. Various organizations provide a range of resources beyond immediate crisis intervention.

Legal Rights and Advocacy:

In 1983, the Minnesota Legislature passed the Minnesota Crime Victims Bill of Rights, a landmark step in recognizing the rights of survivors. Today, the National Center for Victims of Crime is a national victim-support organization that provides references and recommendations for all types of crimes against victims, from sexual assault and stalking to dating violence, identity theft, and white-collar crimes.

For survivors within the military context, understanding the legal nuances of the UCMJ is critical. While this page focuses on resources for survivors, our firm, Gonzalez & Waddington, also represents service members accused of sexual assault, and our deep understanding of victim resources and rights is integral to our comprehensive approach to military justice. Our firm’s partner, Alexandra González-Waddington, has even co-authored best-selling trial advocacy guides, including “Pattern Cross-Examination for Sexual Assault Cases: A Trial Strategy & Resource Guide,” which delves into the complexities of these cases from a legal perspective.

Support Networks and Community Engagement:

  • Domestic Violence Support: Organizations provide verified information on accommodation and domestic violence programs across the country.
  • Safe Horizon: (as mentioned above) offers a free, confidential national hotline for survivors.
  • National Sexual Violence Resource Center (NSVRC): Provides a database of survivors seeking help in the form of group and one-on-one counseling, support groups, community outreach, advocacy, and more. Visit nsvrc.org/find-help.
  • Online & Peer Support: This includes resources for online group counseling, books, retreats, and peer support. It covers resources for women, men, young adults, children, disabled individuals, transsexual, non-binary, LGBTQIA+ survivors, and survivors of color, ensuring inclusive support.

Sexual Assault in the Military - Support

For financial support or assistance with medical/counseling costs or lost wages, contact Victim Connect Resource Center at 855-484-2846 or visit them online. They can connect you to resources for crime victims.

Digital Safety and Privacy:

It’s crucial for survivors to manage their personal information and practice safe online habits. If you suspect your computer or devices at home are being monitored, be cautious about how you use them. Resources can provide tips on how to surf safely and maintain digital privacy.

Educational Initiatives and Healing Arts:

  • Galerein Gender Center (UT Dallas): Provides educational programs, resources, recommendations, and confidential counseling for students and staff, including information for the LGBTQ+ community.
  • Holistic Healing: Resources that provide information to survivors of sexual violence and promote an understanding of holistic healing and the art of facilitating recovery.

Key Military Sexual Assault Survivor Resources (Direct Links):

Below is a curated list of essential resources for military sexual assault survivors. Click on the links to find direct support:

This section contains resources to help you find support, advocate for survivors, and take care of yourself. For help with medical or counseling costs or to cover lost wages, contact Victim Connect Resource Center.

How Gonzalez & Waddington Supports Service Members in the Military Justice System

While this page focuses on resources for sexual assault survivors, it’s also important to understand that allegations of sexual assault in the military are complex and involve significant legal ramifications for all parties. Our firm, Gonzalez & Waddington, LLC, represents service members accused of offenses under the UCMJ, including Article 120 sexual assault. Our attorneys have a deep understanding of the military justice system from all perspectives, allowing us to provide comprehensive legal advice.

Our commitment to justice means ensuring that every service member, whether victim or accused, has access to fair and competent legal processes. Our extensive experience in military law, including the intricacies of sexual assault cases, positions us to provide a robust defense for our clients while acknowledging the sensitive nature of these allegations. We encourage anyone involved in a military sexual assault case—from a survivor seeking to understand the process to an accused service member needing a zealous defense—to seek experienced legal counsel immediately.

If you are a service member accused of sexual assault in the military and require expert legal defense, contact Gonzalez & Waddington for a confidential consultation.

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