Click
on the question to jump to the corresponding answer.
- Who may make a restricted report?
- I am a Military Technician in Technician Status. What am I eligible
for?
- I am on State Active Duty (state emergency/disaster response). What
am I eligible for?
- I am a Veteran Returning from Active Duty to Title 32. What am I eligible
for?
- What are some Civilian Resources that are available?
- To whom can I submit a Restricted Report?
- What are some disadvantages to Restricted Reporting?
- Are there any exceptions to Restricted Reporting?
- Why would an investigation of a Restricted Report happen?
- Would the SARC, VA or Healthcare Personnel disclose during an investigation?
- Why do I have to sign the Victim Reporting Preference Statement?
- What should I do if I am sexually assaulted?
- What if I was assaulted two days ago or even longer?
- What will the Victim Advocate (VA) provide?
- What can a Chaplain provide for me?
- What does the Health Care Provider (HCP) do?
- Who can I contact from my state?
- What if I can’t contact someone from my state, whom can I call?
- Who can I contact at the National Guard Bureau?
1) Who may make a restricted report?
The following classifications may make a restricted report:
• Title 32 or Traditional Drilling Status
• Inactive Duty for Training (IDT)
• Annual Training
• Active Duty Operational Support (less than 30 days)
• Title 10, Active Duty
• Title 32, Active Guard/Reserve (AGR)
• Title 32, ADOS (more than 30 days)
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2) I am a Military Technician in Technician Status. What
am I eligible for?
Military Technicians in technician status are eligible for a confidential referral,
limited reporting, Workman’s Compensation (if the assault occurred during duty hours).
Benefits will be determined by Technician insurance benefits. Those in technician
status may also receive assistance from the Employee Assistance Program and Military OneSource.
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3) I am on State Active Duty (state emergency/disaster response).
What am I eligible for?
State Active Duty military members may receive limited state benefits defined by
state law. If the assault occurred during duty hours, they may also be eligible
for Workman's Compensation and assistance through Military OneSource. State Active Duty Service members are
not eligible for TRICARE Reserve Select.
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4) I am a Veteran returning from Active Duty to Title 32.
What am I eligible for?
Veterans returning from Active Duty may be eligible for Line of Duty (LOD) Benefits,
Transitional Assistance Management Program benefits, VA Medical Benefits, and assistance
through Military OneSource.
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5) What are some Civilian Resources that are available?
Many civilian organizations are available to help the National Guard community.
These valuable resources include:
• Local Rape Crisis Centers
• SANE/SAFE services paid for by law enforcement (check state laws)
• Victim Assistance and Compensation Program (check state laws)
• National Association of Crime Victim Compensation Boards (www.nacvcb.org/statelinks.aspx)
• National Sexual Violence Resource Center (www.nsvrc.org)
• TRICARE Reserve Select (if purchased)
• Other Health Insurance
Links to other military and civilian resources may be found on the
More Help page.
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6) To whom can I submit a restricted report?
Restricted reporting allows a Military Member who is a sexual assault victim, on
a confidential basis, to disclose the details of his/her assault to specifically
identified individuals and receive medical treatment and counseling, without triggering
the official investigative process. Military Members who are sexually assaulted
and desire restricted reporting under this policy should report the assault to the
Sexual Assault Response Coordinator (SARC), Victim Advocate (VA), Chaplain, or Healthcare
Personnel. You may find these local contacts in the Resource
Finder.
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7) What are some disadvantages to Restricted Reporting?
Those who choose restricted reporting may prefer the confidentiality of this method.
However, no investigation into the assault will occur and nothing will happen to
the accused, leaving the alleged subject in a position to likely sexually assault
others. Also, Military Protective Orders are not available to the victim, nor will
action be taken to separate the victim from the accused. Also, protection offered
under restricted reporting is void in the event the incident is discussed with anyone
else.
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8) Are there any exceptions to Restricted Reporting?
If a victim consents in writing to allow information to be disclosed to commander/law
enforcement, the confidential terms of the Restricted Report may be circumvented.
You may always change your reporting to Unrestricted if you choose – albeit you
cannot go back to Restricted Reporting after you select Unrestricted Reporting.
Other circumstances of exceptions to Restricted Reporting include:
• Whenever there is a serious or imminent threat, Command and Law Enforcement will
be notified
• Disability Boards will receive certain information to determine fitness for duty
or retirement disability
• SARC, VA and Healthcare Personnel can share information among each other as needed
to facilitate supervision/coordination of victim services and treatment
• Military and civilian courts or judges may order release of information (e.g.,
cases of mandatory reporting for child abuse or domestic violence).
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9) Why would an investigation of a Restricted Report happen?
Circumstances that would initiate the investigation of a Restricted Report include:
• When the Commander receives relevant information from a source independent of
the restricted reporting avenue
• When the Victim discloses circumstances of the sexual assault to someone other
than the JFHQ SARC, VA, Chaplain, or Healthcare Personnel
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10) Would the JFHQ SARC, VA or Healthcare Personnel disclose
my information during an investigation?
The only way a SARC, VA or Healthcare Personnel may disclose information is if the
victim authorized the disclosure in writing, or if another exception exists to circumvent
the restricted nature of the report. Disclosure will be limited only to that which
is necessary to satisfy the purpose of the disclosure, and further disclosure will
not be made unless the victim authorizes the disclosure in writing. For more information
about information disclosure, contact your State/Territory
JFHQ SARC.
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11) Why do I have to sign the Victim Reporting Preference
Statement?
The Victim Reporting Preference Statement is a mandatory Department of Defense form
that victims must sign when presented for treatment of sexual assault. It helps
both the VA and the victim begin to focus on the reporting options available to
the victim, detailing the implications associated with each of them. The VA is responsible
for going over and explaining each item on the DD Form 2910, and the victim is provided
a copy of the form.
If victim refuses to sign it, it could result in an automatic Unrestricted Report.
A refusal would notify both the Command and the criminal investigative organization.
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12) What should I do if I am sexually assaulted?
Don’t wait – seek help! Follow the steps outlined on the
Report an Incident Page.
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13) What if I was assaulted two days ago or even longer?
You are encouraged to act quickly, and follow as many of the steps featured on the
Report an Incident page as possible. Visit
the page for more details.
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14) What will the Victim Advocate (VA) provide?
Victim Advocates report directly to the JFHQ Sexual Assault Response Coordinator
and provide valuable support to victims of sexual assault, guiding victims through
the claims process, and providing resources to help victims recover and resolve
their case against the alleged subject. For more information on the services provided
through the VA, visit the Report an Incident page.
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15) What can a Chaplain provide for me?
Your military spiritual leaders are available to provide privileged and un-breeched
covered communications. Reporting to the Chaplain qualifies for Restricted Reporting.
(Victims seeking unrestricted status will contact the JFHQ SARC.) More information
about who may maintain confidential counsel with you may be found on the
Report an Incident page.
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16) What does Health Care Personnel (HCP) do?
HCPs will provide confidential communication with victims, and will report incidents
of sexual assault to the JFHQ SARC under the Restricted Reporting designation. If
the victim wants an unrestricted or restricted case, they must speak with the JFHQ
SARC. More information about who may maintain confidential counsel with you may
be found on the Report an Incident page.
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17) Who can I contact from my state?
The JSS Resource Finder is an easy way to connect with your local/state JFHQ SARC.
Select your state and set the filter for the Sexual Assault Prevention & Response
Program staff to locate your State/Territory JFHQ SARC.
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18) What if I can’t find someone in my state who can I
call?
Help is available through the National Guard Bureau Sexual Assault Prevention &
Response Office. Call 1-866-601-0577 for confidential support.
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19) Who can I contact at the National Guard Bureau?
Call the National Guard Bureau Sexual Assault Prevention & Response Office at
1-866-601-0577 or email us through the form below.
Email Sexual Assault Prevention & Response Office
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