Bystander Intervention
Examples of barriers to intervention
- Rank.
- Fear of embarrassment
- Fear of retaliation
- Personality/communication differences
Definition of retaliation
A Soldier who wrongfully takes or threatens to take an adverse personnel action against any person, or who withholds or threatens to withhold a favorable personnel action against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, is guilty of retaliation.
Define Consent
Consent - (A) The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.
(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (B) or (C) of subsection (b)(1).
(C) All the surrounding circumstances are to be considered in determining whether a person gave consent. (Article 120(g) (8), Uniform Code of Military Justice) (DoDD 6495.01, Part II. Definitions)
Honesty – You can be truthful and candid without fearing how the other person will respond.
Trust – Confidence that your partner won’t do anything to hurt you or ruin the relationship.
Independence – You have space to be yourself outside of the relationship.
Respect – You value one another’s beliefs and opinions, and love one another for who you are as a person.
Equality – The relationship feels balanced and everyone puts the same effort into the success of the relationship.
Kindness – You are caring and empathetic to one another, and provide comfort and support.
Fun – You enjoy spending time together and bring out the best in each other.
Healthy Conflict – Openly and respectfully discussing issues and confronting disagreements non-judgmentally.
Taking Responsibility – Owning your own actions and words.
- Access to medical, advocacy, legal, and counseling services
- Receive the Sexual Assault Forensic Examination (SAFE)
- Control the release of personal information
- Can change to Unrestricted Report at any time
- The alleged offender will not be held accountable
- Ineligible for expedited transfer or reassignment
- No command support
- Cannot receive a protective order
The 5 intervention steps for bystanders
Step 1: Notice the event
Step 2: Interpret the event as a problem
Step 3: Accept personal responsibility for doing something
Step 4: Decide how to intervene
Step 5: Take Action - Bottom-line: Do something to stop the negative behavior or action!
Protected Communication means:
1. A lawful communication to a Member of Congress or an Inspector General.
2. A communication to a covered individual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following:
o A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination.
o Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
Define Online Misconduct
The use of electronic communication to inflict harm. Examples include, but are not limited to: harassment, bullying, hazing, stalking, discrimination, retaliation, or any other types of misconduct that undermine dignity and respect. (AR 600-20)
These are characteristics of unhealthy relationships
Intensity – When someone expresses very extreme feelings and over-the top behavior that feels overwhelming.
Possessiveness – When someone is jealous to a point where they try to control who you spend time with and what you do.
Manipulation – When someone tries to control your decisions, actions or emotions.
Isolation – When someone keeps you away from friends, family, or other people.
Sabotage – When someone purposely ruins your reputation, achievements, or success.
Belittling – When someone does and says things to make you feel bad about yourself.
Guilting – When someone makes you feel responsible for their actions or makes you feel like it’s your job to keep them happy.
Volatility – When someone has a really strong, unpredictable reaction that makes you feel scared, confused or intimidated.
Betrayal – When someone is disloyal or acts in an intentionally dishonest way.
Deflecting Responsibility - When someone repeatedly makes excuses for their unhealthy behavior.
Key features of Unrestricted reporting
- Access to medical, advocacy, legal, and counseling services
- Receive the SAFE
- Alleged offender may be held accountable
- Command support
- Can receive a Military Protective Order (MPO) or Civilian Protective Order (CPO)
- Special Victims’ Counsel (SVC)
- More people will know about the sexual assault
- Investigation may require discussion of personal matters
- Cannot change to Restricted Report
The "3 Ds" of bystander intervention
- Direct
o Address the perpetrator
o Remove either party from the situation/hostile environment (potential victim or perpetrator)
o Have personal courage to intervene
- Distract
o Anything that distracts perpetrator
o Change the subject
o Ask either person to go do something
o Or say: “I think someone is coming”
- Delegate
o Delegate the intervention to others
o Have friends, squad/section members, or co-workers take either person out of the situation
o Send someone for help to intervene (Chain of Command, MPs, etc.)
Retaliation includes "ostracism". This means:
Ostracism – defined as excluding from social acceptance, privilege or friendship a victim or other member of the Armed Forces because:
(a) The individual reported a criminal offense;
(b) The individual was believed to have reported a criminal offense; and
(c) The ostracism was motivated by the intent to discourage reporting of a criminal offense or otherwise to discourage the due administration of justice; and
Acts of cruelty, oppression, or maltreatment committed against a victim, an alleged victim or another member of the Armed Forces by peers or other persons, because the individual reported a criminal offense or was believed to have reported a criminal offense.
Define Personal Identifiable Information (PII)
Personal Identifiable Information (PII) - Includes the person’s name, other particularly identifying descriptions (e.g., physical characteristics or identity by position, rank, or organization), or other information about the person or the facts and circumstances involved that could reasonably be understood to identify the person (e.g., a female in a particular squadron or barracks when there is only one female assigned). (DoDD 6495.01, Glossary, Definitions)
Things you can do to reduce your personal risks of sexual assault
- Communicate your boundaries
- Know you have the right to say "no"
- Drink responsibly and have a plan
- Travel with friends or in a group
- If you see something, step up and intervene
- Achieve consent
- Safeguard each other
These people are Mandatory Reporters
1) Commanders
2) Chain of Command (includes supervisors, supervisory chain, first sergeants, and senior enlisted advisors)
3) Instructors
4) Law enforcement, including military security forces (on and off-duty)
Reasons why understanding bystander intervention is important
There are lots of right answers! But remember, you can't effectively implement something you don't understand.
Victims of retaliation have rights. They include:
All personnel in the victim’s chain of command, officer and enlisted, when they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment, are required to take appropriate measures to protect the victim.
Victims can seek assistance on how to report allegations of retaliation by requesting assistance from:
Sexual Assault Response Coordinator (SARC)
Victim Advocate (VA)
Inspector General (IG)
A SARC in different installation, which can be facilitated by the Safe Helpline
Immediate Commander
A commander outside chain of command
Summarize a Sexual Assault Forensic Examination (SAFE) Kit
The medical and forensic examination of a sexual assault victim under circumstances and controlled procedures to ensure the physical examination process and the collection, handling, analysis, testing, and safekeeping of any bodily specimens and evidence meet the requirements necessary for use as evidence in criminal proceedings. The victim’s SAFE Kit is treated as a confidential communication when conducted as part of a Restricted Report. This term and its definition are proposed for inclusion in the next edition of Reference (r). (DoDD 6495.01, Glossary, Definitions)
Harassment behaviors that may lead to sexual assault
• Sexting
• Cat Calls
• Sexual Innuendo
• Cornering/Blocking
• Sexually Oriented Cadence
• Unsolicited Sexually Explicit Text/Email
Possible punishments for sexual assault
Article 93a – Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust, with maximum punishment of dishonorable discharge, 3 years confinement, and forfeiture of all pay and allowances.
Article 117a – Wrongful Broadcast or Distribution of Intimate Visual Images, with maximum punishment of dishonorable discharge, 2 years confinement, and forfeiture of all pay and allowances.
Article 120 – Rape, with a maximum punishment of dishonorable discharge, life in prison without parole, and forfeiture of all pay and allowances.
Article 120 – Sexual Assault, with a maximum punishment of dishonorable discharge, 30 years confinement, and forfeiture of all pay and allowances.
Article 120 – Aggravated Sexual Contact, with a maximum punishment of dishonorable discharge, 20 years confinement, and forfeiture of all pay and allowances.
Article 120 – Abusive Sexual Contact, with a maximum punishment of dishonorable discharge, 7 years to life confinement, and forfeiture of all pay and allowances.
Article 120C – Other Sexual Misconduct, with a maximum punishment of dishonorable discharge, 1 – 20 years confinement, and forfeiture of all pay and allowances.
Article 128B- Domestic Violence, with a maximum punishment of dishonorable discharge, additional 3 years confinement, and forfeiture of all pay and allowances.
Article 132 – Retaliation, with a maximum punishment of dishonorable discharge, 3 years to life confinement, and forfeiture of all pay and allowances.