Army - The Soldiers' Newspaper

If you step over the line and commit a sexual offences, then expect a call from SM 5 MP Coy (Special Investigation Branch) WO1 Shannon Smith. Photo by Sgt Kevin Piggott, Digital Media

What is sexual assault

Sexual assault covers a broad range of unwanted sexual behaviour, including rape and occurs where there is sexual intercourse, or attempted sexual intercourse, without consent.
All allegations of sexual assault in Australia, including the Territorial Sea, must be referred to the civil police if the complainant wants an investigation to be completed.
A sexual assault occurring in Australia cannot be dealt with under the DFDA.
Indecent assault is an assault with a clear sexual overtone.
An assault is committed by touching another person without their consent or making the person fear that force is going to be used against them. An indecent assault occurring in Australia may be handed over to the civil authorities for prosecution, or may be dealt with under the DFDA depending upon the seriousness of the matter.

Profile of victims
Victims are predominantly female (about 81 per cent).
Although any woman may be the victim of a sexual assault those who are single and aged between 18 and 24 are at the greatest risk.
More than 60 per cent of victims know the offender.

Nature of assault
Sixty four per cent of reported incidents occur in residential locations and most do not involve a weapon.
About 13 per cent of victims are assaulted by more than one perpetrator.
About 18 per cent of sexual assaults are committed by a boyfriend or date.

Incidence
The figures below are likely to be considerably understated as many victims do not report sexual assaults to the police (some surveys have indicated that only 10 percent of assaults are reported to the Police).
In 2001 the number of reported sexual assaults in Australia had risen to 16,744 from 15,759 in 2000.
About one in five women over the age of 18 in Australia has been sexually assaulted or threatened with sexual assault.

– ADF Sexual Assault Information Pack

Hands off
Army records fall in sexual offences
but can do better

By Pte Simone Heyer
SEXUALLY related offences in the Army have gone down in the past year thanks to Army-wide training and heightened awareness.

A recent report from Defence Equity Organisation (DEO) gives a thorough run-down of unacceptable behaviour statistic throughout the ADF.

Director of Personnel Operations, AHQ Col Terry McCullagh, said the number of incidents and sexual assault matters investigated by military police had dropped.

“I am disappointed that the figure was not lower although it indicates a levelling off of the increasing trend of these types of offences over the last four years,” he said.

According to the ADF Sexual Assault Information Pack, sexual offences are categorised as:

Col McCullagh said that any of these incidents were inconsistent with the Army’s ethos and the Army’s policy of zero tolerance.

“It is the responsibility of all in the Army to be accountable for our actions and to ensure that fellow soldiers do the right thing.”

Indecent and sexual assaults occur against both male and female soldiers. Though, in the past financial year, there has been a marked drop from 42 to 26 reports of sexual offences.

“The Fair Go initiative coupled with the zero tolerance policy had contributed to a significantly lower incident rate within the Army.”

The environments and situations where sexual offences take place are varied, though disturbingly, 13 cases happened in training units and 13 were offences of superiors to subordinates. The majority of offences, however, took place off-duty for both the complainant and respondent.

Despite this lapse in discipline, the Army is serious about dealing with offenders and creating an extensive safety network for the victims.

Sexual offences are dealt with under DI(G) Pers 35-3, Discrimination, Harassment, Sexual Offences, Fraternisation and Unacceptable Behaviour in the ADF.

Importantly, the ADF does not have jurisdiction over sexual assault – all allegations of sexual assault in Australia must be referred to civil police.

Col McCullagh said if a soldier was convicted of a sexual or indecent assault and had been referred to the civilian police, he or she would be asked to give a notice to show cause as to why they should not be discharged.

He said sexual offences, particularly indecent and sexual assault were newsworthy.

“These types of assaults can have a devastating impact on the life of the victim.

“Those who have been impacted by sexual offences will know that dealing appropriately with the case will help victims recover.

“They have the capacity to bring discredit on our soldiers, the unit and the Army as a whole.”

A range of support mechanisms are available to soldiers who are the victims of sexual offences, including chaplains, doctors, psychologists and social workers.

Col McCullagh said that knowing this support net, he urged soldiers to report sexual or indecent assaults to their unit commander or to the military police.

He said it was vital that all commanders, but particularly commanding officers, clearly understood the procedures for handling indecent and sexual assault incidents

“I encourage all COs, OCs and unit personnel staff to become fully acquainted with DI(G) Pers 35-3 as well as the Australian Defence Force Sexual Assault Information Pack.

“These documents, sponsored by DEO, are currently being updated and will be re-issued in the new year.

“Remaining stocks of the Sexual Assault Information Pack are being re-issued to all Army units.

“Commanders unsure of the requirements for managing sexual and indecent assault incidents, including the requirement to provide a long-term management plan for the victim, or requiring general advice on the subject, are encouraged to contact their functional command headquarters’ personnel branch, AHQ or DEO.”