Sexual Assault Reporting and Special Victims' Counsel

Start Here If You Are New to SAPR and SVC

The Marine Corps Sexual Assault Prevention and Response (SAPR) program supports victims of sexual assault through two reporting options. RESTRICTED REPORTING maintains confidentiality and provides medical care, counseling, victim advocacy, and a Sexual Assault Forensic Exam (SAFE) without triggering official investigation or command notification. UNRESTRICTED REPORTING initiates official investigation by NCIS, command notification, and potential UCMJ action against the alleged offender. Both options provide access to a Sexual Assault Response Coordinator (SARC) and Victim Advocate (VA). A Special Victims' Counsel (SVC) is a separate, free attorney who represents victims throughout the legal process. Article 6b of the UCMJ establishes victim rights including notification, presence at hearings, and the right to be reasonably heard. The decision to report and which type of report to make is the victim's. Per DoDD 6495.01DoDD 6495.01, MCO 1752.5CMCO 1752.5C, and UCMJ Article 6b.

This page walks you through SAPR and SVC from your seat as a General Marine. By the end you will know.

• Restricted vs Unrestricted reporting and the protections of each
• The role of the Sexual Assault Response Coordinator (SARC)
• The role of the Victim Advocate (VA)
• The Special Victims' Counsel (SVC) - what SVC does and how to engage
• Sexual Assault Forensic Exam (SAFE)
• Article 6b UCMJ victim rights
• The investigation and prosecution process
• Confidentiality protections
• Resources beyond SAPR (mental health, medical, transitional support)

Every fact on this page comes from DoDD 6495.01DoDD 6495.01, DoDI 6495.02DoDI 6495.02, MCO 1752.5CMCO 1752.5C, UCMJ Article 6b, MCO 5800.16 Vol 4MCO 5800.16 Vol 4, and the Marine Corps SAPR Program.

Why SAPR Exists

The Department of Defense and Marine Corps recognize that sexual assault devastates victims and harms unit cohesion. SAPR provides.

• Confidential support options.
• Investigation and prosecution pathways.
• Victim-centered care.
• Prevention and education.

Victims have choices. They are not forced into investigation.

Two Reporting Options

Restricted Reporting

CONFIDENTIAL reporting that allows the victim to access services without triggering official investigation or command notification.

What Restricted Reporting Provides

• Medical care.
• Mental health counseling.
• Sexual Assault Forensic Exam (SAFE).
• Victim Advocate (VA) support.
• SARC support.
• Access to support services.

What Restricted Reporting Does NOT Trigger

• Official investigation.
• Command notification.
• Notification to chain of command.
• Disciplinary action against the alleged offender.

Who Can Receive a Restricted Report

• Sexual Assault Response Coordinator (SARC).
• Victim Advocate (VA).
• Healthcare provider (in some circumstances).
• Chaplain (for spiritual counseling).
• Special Victims' Counsel (SVC).

Confidentiality Protections

The persons who can receive a restricted report are bound by confidentiality. Disclosure exceptions are very limited (e.g., immediate threat to victim or another person).

Conversion to Unrestricted

The victim can convert from Restricted to Unrestricted at any time. The reverse is generally not possible.

Unrestricted Reporting

OFFICIAL reporting that initiates investigation, command notification, and potential UCMJ action.

What Unrestricted Reporting Triggers

• NCIS investigation.
• Command notification (commander informed).
• Potential UCMJ charges against the alleged offender.
• Court-martial referral if appropriate.
• Possible military protective order (MPO) for the victim.
• Possible expedited transfer of victim or alleged offender.

What Unrestricted Reporting Provides

• All services available under Restricted Reporting.
• PLUS investigation, prosecution support, and accountability for the alleged offender.

Who Can Receive an Unrestricted Report

• Anyone in the chain of command.
• NCIS.
• Military Police (MP) or Master-At-Arms (MAA).
• SARC or VA.
• Anyone (the report becomes Unrestricted upon disclosure to a non-confidential recipient).

The SARC and VA Roles

Sexual Assault Response Coordinator (SARC)

The SARC is the senior subject-matter expert at the installation level for SAPR.

What the SARC Does

• Coordinates SAPR services and responses.
• Trains and oversees Victim Advocates.
• Coordinates with command, NCIS, and JAG.
• Supports the victim throughout the process.

Reaching the SARC

Every installation has SARC contact information posted. The DoD Safe Helpline (1-877-995-5247) connects to SARC services.

Victim Advocate (VA)

The VA provides direct support to the victim.

What the VA Does

• Accompanies the victim to medical appointments and interviews.
• Coordinates services.
• Provides emotional support.
• Helps the victim navigate options.

VA Confidentiality

The VA is bound by Restricted Reporting confidentiality (when applicable).

Special Victims' Counsel (SVC)

The SVC is a free attorney who represents the victim throughout the legal process.

Who SVC Represents

Victims of qualifying offenses, primarily.

• Sexual assault.
• Sexual harassment (in some circumstances).
• Domestic violence (in some circumstances).
• Other UCMJ Article 6b qualifying offenses.

What SVC Does for the Victim

• Provides confidential legal advice.
• Represents the victim at investigatory and judicial proceedings.
• Coordinates with Trial Counsel and Defense Counsel.
• Enforces Article 6b victim rights.
• Advocates for the victim's interests.

SVC Independence

SVC is independent of Trial Counsel (the prosecutor). SVC's loyalty is to the victim. The SVC may take positions different from Trial Counsel.

Confidentiality

Communications with SVC are protected by attorney-client privilege under Military Rule of Evidence 502.

How to Engage SVC

• Contact the SARC who can refer to SVC.
• Contact JAG directly to request SVC.
• DoD Safe Helpline can provide referral.

When SVC Is Available

After the victim files a report (Restricted or Unrestricted) and is identified as a qualifying victim. SVC is free.

Sexual Assault Forensic Exam (SAFE)

A medical examination conducted by trained medical personnel to.

• Document injuries.
• Collect physical evidence.
• Provide preventive medical care (e.g., STI prevention, pregnancy prevention).

Available Under Both Reporting Options

The victim can have a SAFE under both Restricted and Unrestricted reporting.

Time Sensitivity

Best conducted within 96 hours of the assault, though some evidence collection may be possible later.

Where Conducted

• Military Treatment Facility (MTF).
• Civilian Sexual Assault Nurse Examiner (SANE) facility.
• Some installations have dedicated SAFE programs.

Article 6b UCMJ Victim Rights

Per UCMJ Article 6b, victims of an offense under the UCMJ have specific rights.

The Eight Rights

1. Right to be reasonably protected from the accused.
2. Right to reasonable, accurate, and timely notice of public hearings.
3. Right not to be excluded from public hearings (with exceptions).
4. Right to be reasonably heard at public hearings concerning detention, plea, sentencing, public release, or parole.
5. Right to confer with the prosecutor.
6. Right to receive available restitution.
7. Right to proceedings free from unreasonable delay.
8. Right to be treated with fairness and respect for dignity and privacy.

How Rights Are Enforced

• The SVC enforces these rights on behalf of the victim.
• The Trial Counsel and Defense Counsel are obligated to respect these rights.
• The military judge ensures rights are honored at trial.

When Rights Apply

Throughout the investigation and prosecution. Some rights apply only at specific stages.

The Investigation and Prosecution Process

Phase 1. Initial Report and Response

Report (Restricted or Unrestricted). SARC coordinates initial services. Medical care and SAFE if appropriate. SVC engagement if requested.

Phase 2. Investigation (Unrestricted Only)

NCIS conducts the investigation. Interviews witnesses, gathers evidence, coordinates with SARC and SVC. Investigation typically takes weeks to months.

Phase 3. Prosecution Decision

Trial Counsel and command review the investigation results. Decision to refer charges to court-martial, dispose of administratively, or close the matter.

Phase 4. Pretrial

Preferral of charges. Article 32 hearing (preliminary hearing). Plea negotiations or motion practice. Pretrial confinement consideration.

Phase 5. Trial

Court-martial. The Court-Martial Process leaf covers the trial framework.

Phase 6. Sentencing and Post-Trial

If convicted, sentencing. Post-trial appellate review. Restitution if applicable.

The Court-Martial Process leaf covers court-martial in detail.

Military Protective Orders (MPO)

A commander can issue an MPO requiring the alleged offender to.

• Stay away from the victim.
• Refrain from contact.
• Not interfere with the victim or witnesses.

Violation of an MPO is a UCMJ offense.

Expedited Transfer

A victim may request expedited transfer (PCS) to remove themselves from proximity to the alleged offender or to a more supportive environment.

• Coordinate with SARC and chain of command.
• The Marine Corps generally supports expedited transfer for qualifying victims.
• Coordinate with monitor for assignment to an appropriate location.

Confidentiality Limits

Restricted Reporting Confidentiality

Strong but not absolute. Disclosure may occur in.

• Immediate threat to victim or another person.
• Court order.
• Mandated reporting in some specific circumstances (e.g., if the victim is a minor).

Unrestricted Reporting

By definition, the report is no longer confidential. Investigation involves disclosures.

SVC Communications

SVC communications are confidential under attorney-client privilege.

Common Sexual Assault Reporting Scenarios

Scenario 1. Recent Assault, Wants Medical Care Only

Victim recently assaulted, wants medical care and SAFE but not investigation.

• File Restricted Report.
• Receive medical care, SAFE, victim advocacy.
• Can convert to Unrestricted later if desired.

Scenario 2. Wants Accountability for Offender

Victim wants the alleged offender held accountable.

• File Unrestricted Report.
• NCIS investigates.
• Court-martial may follow.
• SVC represents victim throughout.

Scenario 3. Wants Time to Decide

Victim is uncertain whether to pursue investigation.

• File Restricted Report initially to access services.
• Take time to consider.
• Convert to Unrestricted if/when ready.

Scenario 4. Already Disclosed to Chain of Command

Victim told someone in the chain of command about the assault before formally reporting.

• The disclosure may have already triggered Unrestricted Reporting.
• SARC can clarify the status and connect with SVC.

Resources Beyond SAPR

Mental Health

Free mental health services through the Military Health System.

Medical

Free medical care for victims.

Chaplain

Confidential spiritual counseling.

Family Advocacy Program (FAP)

For domestic violence cases (separate but related framework).

DoD Safe Helpline

24/7 confidential support.

• Phone. 1-877-995-5247.
• Online. https://www.safehelpline.org/.
• Mobile app available.

Civilian Resources

• Rape, Abuse and Incest National Network (RAINN). 1-800-656-4673.
• Local civilian sexual assault crisis centers.

Common Questions Marines Ask

What is SAPR?

The Marine Corps Sexual Assault Prevention and Response program. Provides support and reporting options for victims of sexual assault.

What is the difference between Restricted and Unrestricted Reporting?

Restricted maintains confidentiality, provides medical/counseling/SAFE without triggering investigation. Unrestricted initiates investigation, command notification, and potential UCMJ action.

Can I change my mind from Restricted to Unrestricted?

Yes. The victim can convert from Restricted to Unrestricted at any time. The reverse is generally not possible.

What is a SARC?

Sexual Assault Response Coordinator. The senior subject-matter expert at the installation level for SAPR. Coordinates services and response.

What is a Victim Advocate?

A trained person who provides direct support to the victim. Accompanies to appointments, coordinates services, provides emotional support.

What is the SVC?

Special Victims' Counsel. A free attorney who represents the victim throughout the legal process. Independent of Trial Counsel. Communications protected by attorney-client privilege.

When can I get an SVC?

After filing a report (Restricted or Unrestricted) and being identified as a qualifying victim. Free.

What is the SAFE?

Sexual Assault Forensic Exam. Medical examination to document injuries, collect evidence, and provide preventive care. Best conducted within 96 hours.

What are my Article 6b rights?

Per UCMJ Article 6b, eight rights. Reasonable protection, notice of hearings, presence at hearings, right to be heard, right to confer with prosecutor, right to restitution, proceedings free from unreasonable delay, right to fairness and dignity.

What is a Military Protective Order?

A commander-issued order requiring the alleged offender to stay away from the victim. Violation is a UCMJ offense.

Can I get expedited transfer?

A victim may request expedited transfer to remove themselves from proximity to the alleged offender. Coordinate with SARC and chain of command.

How do I find my SARC?

Posted at every installation. DoD Safe Helpline (1-877-995-5247) can connect.

Are conversations with the SARC confidential?

The SARC is bound by Restricted Reporting confidentiality when applicable. Communications about specific cases are confidential under that framework.

Are conversations with SVC confidential?

Yes. Attorney-client privilege under Military Rule of Evidence 502.

What if the chain of command does not believe me?

File a complaint with the IG. Coordinate with SVC. The Article 138 and IG Complaints leaf covers complaint procedures.

Where to Go for Help

Routing by Issue

• Initial report. SARC at your installation or DoD Safe Helpline (1-877-995-5247).
• SAFE. Military Treatment Facility, civilian SANE facility, or installation SAFE program.
• Special Victims' Counsel. Through SARC referral or JAG directly.
• Mental health. Military Health System through your installation MTF.
• Chaplain. Through your installation Chaplain Corps.
• Family Advocacy Program (domestic violence). Through your installation FAP office.
• DoD Safe Helpline. 1-877-995-5247 or https://www.safehelpline.org/.
• DoDIG sexual misconduct reporting. https://www.dodig.mil/.
• IG complaint about chain of command response. The Article 138 and IG Complaints leaf.

Where to Go Next on This Site

• Legal Services landing page lists all topics.
• Legal Services Overview and How to Get Help covers SVC and other attorney access.
• Article 138 and IG Complaints covers complaint procedures.
• Court-Martial Process covers the trial framework.
• Article 31 Rights and Investigations covers rights when questioned (relevant if you are an alleged offender).
• Family Law for Marines covers domestic violence when related.
• Foreign Jurisdiction and SOFA covers OCONUS-specific considerations.

Related Roles

• Leaders coach Marines on SAPR resources and respect victim choices on reporting.
• Admin at S-1 supports victim notification of resources and SARC referrals.
• Commanders ensure SAPR services are available, support victims, and address misconduct accountably.

The Marine Corps SAPR program supports victims of sexual assault. Two reporting options. Restricted (confidential, no investigation, services only) and Unrestricted (official, investigation, potential UCMJ action). SARC and Victim Advocate provide direct support. Special Victims' Counsel (SVC) is a free attorney representing the victim throughout. Article 6b UCMJ provides eight victim rights including notification, presence at hearings, and to be heard. SAFE forensic exam available under both reporting options. DoD Safe Helpline 1-877-995-5247.