Posted on Jan 16, 2016
SCENARIO: One of your troops gets accused of sexual assault. How do you best take care of them?
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We often hear about how the DOD takes care of sexual assault victims but I am curious--how do leaders take care of the accused? Have you ever had to?
I fear that the accused doesn't always get the respect, leadership, and support that they deserve so I thought I would come to RP for your input.
I fear that the accused doesn't always get the respect, leadership, and support that they deserve so I thought I would come to RP for your input.
UCMJ
Leadership Development
JAG
Sexual Assault
Edited 9 y ago
Posted 9 y ago
Responses: 11
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Get him to Legal. Immediately. Make sure he has representation.
After that, remind him that "I" am impartial to the "process." I will be happy to act as a character witness if he is deserving, and will state the truth & facts as I was witness to them. But that's all I can do.
Now, after that, I will be happy to provide any MORAL support I can. I will be happy to discuss OPTIONS that are presented to them. But I should not discuss the "case" or "facts" regarding the case, because I can be a witness for EITHER side, and "context" can be damning.
After that, remind him that "I" am impartial to the "process." I will be happy to act as a character witness if he is deserving, and will state the truth & facts as I was witness to them. But that's all I can do.
Now, after that, I will be happy to provide any MORAL support I can. I will be happy to discuss OPTIONS that are presented to them. But I should not discuss the "case" or "facts" regarding the case, because I can be a witness for EITHER side, and "context" can be damning.
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PO1 Richard Knox
SSgt (Join to see) - Pull on your big boy pants Zac, this was ONLY an illustration and for most of us it is taken as such. Damn, you missed the whole point.
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SSgt (Join to see)
PO1 Richard Knox look at the one below I commented on how he explained his stats. See how it has 5 ups I'm one of those. I understand my mistake okay.
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1. DO NOT discuss it with anyone to include the accused...ever. He (or she) has legal rights covered by article 31.
2. Ensure they get legal representation.
3. Remember they are INNOCENT until PROVEN guilty.
4. Squish any rumors.
5. Maintain faith in the legal system
2. Ensure they get legal representation.
3. Remember they are INNOCENT until PROVEN guilty.
4. Squish any rumors.
5. Maintain faith in the legal system
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SSgt (Join to see)
Great response! MSgt John Carroll! It would be nice if more leaders had the same perspective.
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MSgt Rupert Ellis
MSgt Carroll,
The system will always view you as guilty until proven innocent, especially if you're not part of the clique...
The system will always view you as guilty until proven innocent, especially if you're not part of the clique...
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MSgt John Carroll
MSgt Rupert Ellis - You are correct. That is why it is the Supervisor's responsibility to remind everyone else that those are allegations not facts. They remain allegations until proven otherwise.
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SPC Randall Eichelberger
Yes, DOD Instruction 5505.7 requires the investigating agency (in the case of Sexual Assault in the Army it would be CID, OSI in AF, NCIS in Navy/MC) to place the subject in the subject block, also known as titling, when there is credible information to lead a trained investigator to believe a crime occurred. Such a low standard of proof and JAG and the command has absolutely no say in it.
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A lot of great responses.
The job of a leader is not to "take care" of the accused, but to ensure that they are not "railroaded". You have to ensure that rights are understood and observed. Don't talk about the facts of the case, or you will become what we like to call a witness.
Keep your own opinions of the case, to yourself. Don't allow the rumor mill to run.
Reserve judgement until the case is resolved, especially if the case is a "he said, she said".
Check on the accused. Being accused of a serious crime can cause serious issues. Families can fall apart, careers can be destroyed. Make sure they are going to hurt themselves. If anything, in my opinion, that would be the "take care of" portion.
The job of a leader is not to "take care" of the accused, but to ensure that they are not "railroaded". You have to ensure that rights are understood and observed. Don't talk about the facts of the case, or you will become what we like to call a witness.
Keep your own opinions of the case, to yourself. Don't allow the rumor mill to run.
Reserve judgement until the case is resolved, especially if the case is a "he said, she said".
Check on the accused. Being accused of a serious crime can cause serious issues. Families can fall apart, careers can be destroyed. Make sure they are going to hurt themselves. If anything, in my opinion, that would be the "take care of" portion.
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