Page:United States Statutes at Large Volume 118.djvu/1957

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

118 STAT. 1927 PUBLIC LAW 108–375—OCT. 28, 2004 departments shall prescribe regulations, or modify current regula tions, on the policies and procedures of the military departments on the prevention of and response to sexual assaults involving members of the Armed Forces in order— (A) to conform such policies and procedures to the policy developed under subsection (a); and (B) to ensure that such policies and procedures include the elements specified in paragraph (2). (2) The elements specified in this paragraph are as follows: (A) A program to promote awareness of the incidence of sexual assaults involving members of the Armed Forces. (B) A program to provide victim advocacy and intervention for members of the Armed Force concerned who are victims of sexual assault, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. (C) Procedures for members of the Armed Force concerned to follow in the case of an incident of sexual assault involving a member of such Armed Force, including— (i) specification of the person or persons to whom the alleged offense should be reported; (ii) specification of any other person whom the victim should contact; (iii) procedures for the preservation of evidence; and (iv) procedures for confidential reporting and for con tacting victim advocates. (D) Procedures for disciplinary action in cases of sexual assault by members of the Armed Force concerned. (E) Other sanctions authorized to be imposed in substan tiated cases of sexual assault, whether forcible or nonforcible, by members of the Armed Force concerned. (F) Training on the policies and procedures for all members of the Armed Force concerned, including specific training for members of the Armed Force concerned who process allegations of sexual assault against members of such Armed Force. (G) Any other matters that the Secretary of Defense con siders appropriate. (f) ANNUAL REPORT ON SEXUAL ASSAULTS.—(1) Not later than January 15 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the Armed Forces under the jurisdic tion of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. (2) Each report on an Armed Force under paragraph (1) shall contain the following: (A) The number of sexual assaults against members of the Armed Force, and the number of sexual assaults by mem bers of the Armed Force, that were reported to military officials during the year covered by such report, and the number of the cases so reported that were substantiated. (B) A synopsis of, and the disciplinary action taken in, each substantiated case. (C) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by such report in response to incidents of sexual assault involving mem bers of the Armed Force concerned.