2. Prevention starts with Initial Entry Training ….and the role of the Chaplain and Instructor Instructor: Joseph Hughes “Sexual Assault Awareness” Mentorship: Activity Points: 3 (Research: 2 hrs; Supervision: 1 hr) 10/5/07

3. Prevention starts with Initial Entry Training ….and the role of the Chaplain and Instructor Instructor: Joseph Hughes

4. CJASA101/Nov. 05/Slide-3 Restricted Reporting Allows a Soldier who is a sexual assault victim to disclose the details of his/her assault to specifically identified individuals and receive medical treatment and counseling, without triggering the official investigative process Report confidentially to: – Victim Advocate (VA) – Sexual Assault Response Coordinator (SARC) – Healthcare Provider – Chaplain

5. CJASA101/Nov. 05/Slide-4 Restricted Reporting Purpose Give victims additional time and increased control Empower victims Give senior mission commanders a clearer picture of the sexual violence within their command Enhance a commander’s ability to provide an environment which is safe

6. CJASA101/Nov. 05/Slide-5 Unrestricted Reporting Four Restricted Reporting Resources (SARC, VA, Healthcare Provider, Chaplain) Chain of Command Military Police Criminal Investigation Command (CID) Army Community Services (ACS) Staff Judge Advocate (SJA) Local and State Police 911 Army One Source (AOS) – Available 24 hours a day, 7 days a week – 1-800-464-8107 (CONUS)

7. CJASA101/Nov. 05/Slide-6 Unrestricted Reporting Purpose Ensure widest range of rights and protections Provide commander support Provide full investigation to hold offender(s) accountable Enhance community and Soldier safety

8. CJASA101/Nov. 05/Slide-7 Consequences of Not Reporting Possibility that perpetrator may assault others Inability of authorities to conduct an investigation Inability of Army to provide medical care and counseling Improper care provided to the victim Inability to discipline perpetrators Degradation of unit morale and readiness

10. Verbal Threats/insults Offensive/suggestive comments Messages w/ sexual content Pressure for dates Propositions Offensive jokes/teasing Whistles/catcalls

11. Nonverbal Suggestive gestures/looks (winks, licking lips). Staring/leering. Displaying posters, photos or drawings of sexual nature.

12. Physical Cornering/trapping. Pinching, grabbing/patting. Touching, hugging/kissing Rape/attempted rape.

13. w/ Sexual Harassment

14. 1. Confront the harasser. 2. Use and intermediary. 3. Write a letter. 4. Keep a journal. 5. Request training. 6. Report any incident.

16. Know the policy. Set a positive example-respect Avoid making assumptions. Think before making personal comments-impact not intent. Don’t go w/ the crowd-voice opinions Be supportive of people-(harassee)

17. …when Sexually Harassed!

18. 1. Confront the harasser. 2. Talk to your supervisor(if needed) 3. Contact other sources 4. Lastly, consider filing a formal complaint

20. Never ignore sexual Harassment Don’t hesitate seeking help Weigh options carefully- not reporting incident

22. Make policies known to all Treat every incident seriously Have an “Open Door” Policy Always keep matters confidential

23. Sexual Assault -- Checklist SPECIFIC SITUATIONSBEHAVIOR/SIGNSTAILORED SUPPORT Sexual Assault Depression Anxiety over becoming pregnant/sexually transmitted disease Victim may fear people, do not believe or understand them Victim may find it difficult to trust others Victim may be concerned about seeing their assailant again Victim may have doubts about telling others what happened. They may have doubts about reporting the crime to police. Concerns expressed over reaction from family/loved ones Concerns over potential publicity Fear of being assaulted againDepressionAnxiety First, ensure physical safety of the victim Advise against destroying evidence by bathing or washing clothes prior to going to the medical facility Assure the victim feels safe—determine if the alleged assailant is still nearby and if the victim needs protection Assist with or provide transportation for the victim to the hospital for an examination Support the victim in contacting the police Allow the victim to exercise as much control over the situation as possible Listen/engage in quiet support Help coordinate a personal friend or professional to immediately join the individual Be available in the weeks and months following the assault. Be sure that the victim can turn to you for support. Emphasize to the victim the need for additional support; refer to available counseling groups and other victim services

24. Sexually Harassed-- Checklist SPECIFIC SITUATIONSBEHAVIOR/SIGNSTAILORED SUPPORT Sexually Harassed Self-blame Denial Fear of retaliation Fear of not being believed Consult with Military Equal Opportunity (MEO) Office Be available/receptive to potential victims Ensure the victim that you are there to help Be attentive to the potential risk of violence if the harassment continues or worsens Refer to base helping agency such as Life Skills Support Center (LSSC), if the person is significantly distressed through the investigative process Consult with local Staff Judge Advocate Office Forward the complaint to the General Court-Martial Convening Authority within 72 hours Advise individual who submitted the complaint that an investigation has been initiated Ensure investigation is completed within 14 days of its inceptionMilitary Equal Opportunity (MEO)Life Skills Support Center (LSSC)

25. Sex in the Forbidden Zone (MORAL LEADERSHIP TRAINING IN SEXUAL ASSAULT AWARENESS)

26. Outline Introduction Definitions Relationships of Value The Lure for Men The Lure for Women Wounds of Women Wounds of Men Women in the Forbidden Zone Men in the Forbidden Zone A Guide to Help us Out

27. Work System pressures Family problems School Responsibilities Personal Life Work Pressures Present family Pressures Finance Multi-system Pressures on the Students Divorce/Separation Failure/Re-class/PT ?

28. Appearances Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.

29. SEX IN THE FORBIDDEN ZONE is: “Sexual behavior between a man and a woman who have a professional relationship based on TRUST, specifically when the man is the woman’s doctor, therapist, pastor, lawyer, teacher, or workplace mentor.” --Dr. P. Rutter Definitions

30. Boundaries Sexual Behavior Sexual Invasion Sexual Fantasy Abuse Power Trust Psyche Wounds Definitions (cont.)

31. Values of young people have changed over the years. What influences their decisions? 1970’s 1960’s

32. Relationships of Value: THE PSYCHOLOGICAL HEART OF THE FORBIDDEN ZONE Why do otherwise healthy men and women in a professional relationship cross the boundary into the sexual Forbidden Zone? Trying to heal wounds; meet unmet needs Based on upbringing and life experiences Different for women and men Expecting too much from the relationship

33. Trying to Heal a Wounded Self-Esteem Masculine myth of the feminine -- Women should defer to men in all things (practical or intimate) -- Women have irresistible, seductive powers (therefore, it’s not my fault) -- Women are dark and destructive (so they deserve whatever they get) The Lure of the Forbidden Zone for Men: Sexual Healing

34. Feelings of hope for healing past hurts Feelings of hope for better tomorrow where true self is awakened & acknowledged The nonsexual relationship meant so much that breaking it off (by saying no to sex) was unthinkable The Lure of the Forbidden Zone for Women: Hope

35. Boundary Invasion--feeling of no control over their own boundaries Profound Childhood Aloneness-- crave attention; will use sex to get that attention Exploited Compassion-- emotional healer of family; feels need to heal all men Devalued Outer Potential-- women are to be at home; mentors offer them an “out” The Wounds of Women

36. WHO ME?...... WOUNDED? (see p. 105) The Wounds of Men Wounds from the Culture - Men can’t be weak / vulnerable - Denial leads to quest for healing - Most men search for healing sexually Wounds from the Father--lack of intimacy Wounds from the Mother - Smothering -> disrespect of boundaries - Distant -> emotionally starved - Victims -> this is how men treat women

37. “There can be no such thing in the adult sense as consenting to a sexual act by a woman with a man who has power over her,” (p. 101, Rutter). Violations of the boundaries between a professional man and his female protogee are, psychologically speaking, like acts of rape and incest! “But she said ‘yes’....” The Results of Betrayal

38. Stages of Men in the Forbidden Zone I’m looking her over Is she interested in me? What would she be like to touch? I can’t stop fantasizing about her. I’ll ask her about her sex life. I’ll ask her if she fantasizes about me. I’ll close the physical space between us. I’ll become more overtly suggestive to her. I think she’s being seductive towards me. I’m fantasizing about exactly how it will happen.

39. Stages of Men in the Forbidden Zone (cont.) Considerations: -- Can I get away with it? -- If it feels right, it can’t be wrong. -- Deep inner voice of conscience. Restraint gone--decision to move ahead Dual Relationship--arranging a meeting Do we talk about it first? The aftermath--love and marriage

40. Stages of Men in the Forbidden Zone (cont.) Holding Back -- A Positive Response 4 Holding back out of responsibility to protect the woman 4 Holding back out of moral choice 4 Holding back out of fear 4 Holding back out of service to inner self

41. A Guide for Men If you’re already on the edge: -- Stop and get help -- Don’t act on the impulse -- Relinquish her as a potential partner -- Terminate the relationship

42. A Guide for Men (cont.) We’re ALL vulnerable -- Recognize the importance of your own fantasy -- Acknowledge sexual abuse of trust is WRONG -- Take stock of your own problems -- Realize the damage done to women -- Help your co-workers -- Uphold laws and the ethical codes of conduct -- Get help from someone -- Don’t be a silent bystander

43. A Guide for Men (cont.) Practical things we can do: -- Never counsel alone -- Recognize and admit your own weaknesses -- Talk to someone you trust -- Keep relationships on a professional level -- Be open to the warning signs -- Ask to be moved -- Develop healthy relationships away from work Other suggestions????

44. Privileged Communications (Counseling those who have experienced Sexual Harassment)

45. References Military Rule of Evidence 503 AR 165-1 AR 608-18

46. Purpose Explain a person’s privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman or to a clergyman’s assistant.

47. Agenda Privileged Communications Rules for disclosing Privileged Communications Sensitive Communications Discussion Problems Interpretation of Right Supervisory Issues

48. Privileged Communications For the Chaplain as Counselor

49. Privileged Communication -- Definition Privileged Communications. A privileged communication is defined as any communication to a chaplain or chaplain assistant given as a formal act of religion or as a matter of conscience, that is, any communication that is made in confidence to a chaplain acting as a spiritual advisor or to a chaplain ( Cont on next slide)

50. Privileged Communication -- Definition cont. assistant aiding as a spiritual advisor, and that is not intended to be disclosed to third persons other than those to whom disclosure furthers the purpose of the communication, or to those reasonably necessary for the transmission of the communication.

51. Rules for Disclosing Privileged Communication The privilege against disclosure belongs to the “penitent.” A chaplain or chaplain assistant may NOT disclose the content of privileged communication without the express consent,of the person to whom the privilege belongs.

52. Military Rule of Evidence (M.R.E.) 503 (a)General rule of privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman or to a clergyman’s assistant, if such communication is made either as a formal act of religion or as a matter of conscience.

53. CJASA101/Nov. 05/Slide-52 “Confidential” Communication – M.R.E. 503(b) (2)A communication is “confidential” if made to a clergyman in the clergyman’s capacity as a spiritual advisor or to a clergyman’s assistant in the assistant’s official capacity and is not intended to be disclosed to third persons other than those to whom disclosure is in the furtherance of the purpose of the communication or to those reasonably necessary for the transmission of the communication.

54. CJASA101/Nov. 05/Slide-53 “Clergyman” - M.R.E. 503(b) (1)A “clergyman” is a minister, priest, rabbi, chaplain, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting the clergyman.”

55. CJASA101/Nov. 05/Slide-54 Rules for Disclosing Privileged Communications If a military judge or other presiding official determines that no privilege exists, a chaplain or chaplain assistant may be subject to punitive or adverse administrative action for failing to comply with the ruling. Also, a chaplain should not presume that the military concepts of privileged communication will prevent disclosure in state courts.

56. CJASA101/Nov. 05/Slide-55 Rules for Disclosing Privileged Communications -- cont’d Chaplains, in deciding whether or not to disclose information, must also consider the tenets of their faith, the provisions of their ordination vows, and their individual consciences. Not disclosing information when a legal obligation to disclose information exists, may result in punitive or adverse administrative action.

57. CJASA101/Nov. 05/Slide-56 Rules for Disclosing Privileged Communications -- cont’d Due to the complexity and importance of preventing unauthorized disclosure of information, chaplains and chaplain assistants are advised to consult with supervisors, seek legal counsel from the Staff Judge Advocate, or ask for policy guidance from the Chief of Chaplains (OCCH).

58. Sensitive Information

59. CJASA101/Nov. 05/Slide-58 Sensitive Information -- Definition Any non-privileged communication to a chaplain, chaplain assistant, or other chaplain personnel that involves personally sensitive information that would not be a proper subject for general dissemination.

60. CJASA101/Nov. 05/Slide-59 Sensitive Information -- Definition Sensitive information should normally not be disclosed unless the declarent expressly permits disclosure.

61. CJASA101/Nov. 05/Slide-60 Sensitive Information -- Definition Knowledge of a soldier’s enrollment in Drug & Alcohol Programs, Psychiatric Treatment, Prior Arrest or Prior Hospitalization is generally considered as Sensitive Information.

62. CJASA101/Nov. 05/Slide-61 Rules for Disclosing Sensitive Information Sensitive information should NOT be disclosed unless the individual about whom the information pertains expressly consents. There is generally no legal impediment to disclosure of this information. In appropriate cases, such information should be disclosed.

63. CJASA101/Nov. 05/Slide-62 Rules for Disclosing Sensitive Information Remember to consider the tenets of your faith, the provisions of your ordination vows, and your individual conscience. Chaplains who refuse to disclose Sensitive Information when required to do so may be subject to punitive and adverse administrative action.

64. CJASA101/Nov. 05/Slide-63 Rules for Disclosing Sensitive Information Proper handling of Sensitive Information reinforces trust in the Chaplaincy by soldiers and their family members.

65. Discussion Problems

66. CJASA101/Nov. 05/Slide-65 U.S. v. Moreno Three Part Test 1.Communication must be formal act of religion or as a matter of conscience. 2.Must be made to a clergyman in his capacity as a spiritual advisor. 3.Communication must be intended to be confidential.

67. CJASA101/Nov. 05/Slide-66 Discussion Problem #1 Soldier makes appointment with battalion Chaplain Soldier feels he’d hurt himself unless he got some help Chaplain warns soldier that expressions of intent to harm self/others would not be treated confidentially Chaplain testifies in court to support motion to suppress Chaplain provides statements made before warning

68. CJASA101/Nov. 05/Slide-67 U.S. v. ISHAM Chaplains testimony was protected. The Soldier went to the Chaplain in his spiritual capacity at a business hour appointment. The Soldier made statements while under great mental distress & only to get help. Chaplain and Soldiers intent was to preserve confidentiality but only disclose information that was necessary to help the Soldier.

69. CJASA101/Nov. 05/Slide-68 Discussion Problem #2 Soldier, Catholic, married, having family problems Engaged in sexual acts with daughter Calls Pastor, also father-in-law, discloses sexual acts “Dad, can you help me? My marriage is falling apart …” “Son, is it true you took liberties with your daughter?” “Yes, Dad, and I feel like a dog … will you pray for me?” “Yes, I will.” Soldier not a member of Pastor’s church

70. CJASA101/Nov. 05/Slide-69 U.S. v. Coleman Statements were allowed. Statements were to father-in-law not Pastor. Not made as a formal act of religion or matter of conscience. Not intended to be confidential.

71. Interpretation of Right

72. CJASA101/Nov. 05/Slide-71 Interpretation of Right MORAL Individual Personal Theology/ Morality/Conscience interprets what is right

73. CJASA101/Nov. 05/Slide-72 Interpretation of Right MORAL LEGAL Collective Society interprets what is right (Rules of evidence). Individual Personal Theology/ Morality/Conscience interprets what is right

74. CJASA101/Nov. 05/Slide-73 Interpretation of Right MORAL LEGAL Individual Personal Theology/ Morality/Conscience interprets what is right Military Chaplain Corps interprets what is right (Chaplain doctrine / policy) Collective Society interprets what is right (Rules of evidence). PROFESSIONAL ETHICS

75. CJASA101/Nov. 05/Slide-74 Interpretation of Right MORAL LEGAL PROFESSIONAL ETHICS Risk results from disagreement in interpretation

76. Supervisory Issues For Chaplains and Instructors

77. CJASA101/Nov. 05/Slide-76 Supervisory Issues Chaplain Supervisors must recognize privileged communication and sensitive information issues and provide guidance to subordinates dealing with these issues in ministry. Chaplain Supervisors must also understand their responsibilities regarding subordinates when their subordinates commit misconduct or perform unsatisfactorily.

78. Questions?