UNCLASSIFIED (U)

3 FAM 1720

Sexual Assaults involving Chief of Mission Community and Facilities outside the United States

(CT:PER-1200;   10-09-2024)
(Office of Origin:  DS/DO/OSI)

3 FAM 1710 provides general policies and procedures for sexual assaults; 3 FAM 1730 provides guidance concerning sexual assaults occurring within the United States.

3 FAM 1721  VICTIM Resources

(CT:PER-1200;   10-09-2024)

3 FAM 1721.1  Initial Response

(CT:PER-1200;   10-09-2024)

Anyone who has been sexually assaulted is encouraged to:

(1)  Go to a safe place away from the perpetrator.

(2)  Reach out for help from a healthcare provider, advocacy support entity, and/or law enforcement.

(a)  Emergency medical services are available at post from the Health Units.  Health Unit duty personnel can be contacted 24 hours a day, seven days a week via Post One.  If a victim does not want to contact the Health Unit at post, they can report the incident directly to the Washington DC-based Bureau of Medical Services (MED) Duty Officer at 202-718-2329, or through the Operations Center at 202-647-1512, 24 hours a day, seven days a week.  Victims can also contact Employee Consultation Services (ECS) by phone at 202-634-4874 or email at MEDECS@state.gov. 

(b)  DS’s Victim’s Resource Advocacy Program (VRAP) assists and supports crime victims, from professional advocates including, but not limited to, counseling referrals, assistance obtaining financial reimbursement for lost property, relocation guidance, group support, administrative navigation, housing stability, identity repair, understanding of the judicial processes, and accompaniment to judicial proceedings.  VRAP can be contacted by phone at 855-810-7878 or email at VRAP@state.gov.

(c)  Regional Security Officers (RSOs) are the law enforcement first responders at post.  If a victim overseas wants to report a sexual assault to law enforcement authorities but prefers not to report it at post, they can contact Diplomatic Security’s Office of Special Investigations (DS/DO/OSI), by phone through the DS Command Center (DSCC) at 571-345-3146 or email at DS-OSIDutyAgent@state.gov.  The DS/DO/OSI duty agents are available 24 hours a day, seven days a week and can investigate an allegation independent of post management.  DS/DO/OSI will also provide information about VRAP.

(3)  Preserve all evidence of the assault:

(a)  If possible, refrain from washing hands, bathing, brushing teeth, eating, laundering clothes, or smoking until contact can be made with medical or law enforcement first responders.

(b)  If still at the location of the assault, refrain from cleaning or straightening up or removing anything from the surroundings.

3 FAM 1721.2  Departure from Post

(CT:PER-1200;   10-09-2024)

A victim of sexual assault may request immediate and/or permanent departure from their post of assignment or TDY.  Such departures can take several forms.

(1)  Medical evacuation – Per 16 FAM 315.1 medical evacuation travel will be arranged to the appropriate medical evacuation location if needed medical care is not available at post or if requested by the victim.  A victim may request medical evacuation regardless of post medical care capabilities. Medevac authorization cables will be written by the Foreign Service Medical Specialist (FSMS) and the medical travel will be coordinated by MED.

(2)  Meetings with DS/DO/OSI – To support a victim who reports a sexual assault to DS, DS/DO/OSI may arrange for the victim to travel to Washington, DC as part of its investigation to meet with victim advocates, criminal investigators, and other appropriate personnel.  The victim has the discretion to decline this travel.

(3)  Curtailment – A victim of sexual assault may request a voluntary curtailment, and the employee’s Career Development Officer (CDO) in the Bureau of Global Talent Management’s Office of Career Development and Assignments (GTM/CDA) will manage the process.  The request does not need to reference or include information regarding the sexual assault.  If the victim chooses to report through MED, including ECS, MED may also notify GTM/CDA that they support the request for curtailment without providing further detail.

3 FAM 1722  Responsibilities of Chief of Mission or Principal Officer

(CT:PER-1200;   10-09-2024)

The Chief of Mission (COM) or Principal Officer (PO) at each post is responsible for:

(1)  Respecting a victim’s decision to remain anonymous to post leadership and ensuring they are treated with dignity and respect; making clear that no one at post should attempt to compel a victim to provide information or give a statement; and making clear that retaliatory actions against anyone who reports a sexual assault or participates in a sexual assault investigation are prohibited.

(2)  Ensuring procedures established by these policies are followed.  Given the complexity of these issues, COMs and POs are encouraged to consult with DS/DO/OSI and MED if they have questions about these policies).

(3)  Ensuring post publishes annually or more frequently a management notice outlining how post will respond to a reported sexual assault.  That notice should include information on how victims or other community members can report an allegation of sexual assault at post; what resources (such as medical, counseling, law enforcement) are available at post to victims of sexual assault; address any training made available at post and in the United States; and reference this FAM section for additional information.

(4)  Respecting the specialized reporting requirements for the FSMS and the RSO and supporting the privacy obligations of the FSMS and the investigative responsibilities of and any investigative steps that DS/DO/OSI will take to include traveling to post.

(5)  Consulting with DS/DO/OSI and GTM/ER/MSU regarding possible curtailment of an alleged perpetrator, when applicable, in accordance with the procedures in 3 FAM 2440.  As an exceptional measure, the COM may direct an immediate departure under the procedures in 3 FAM 2440.  GTM/ER/MSU and the Director General are available for consultations at any point in the curtailment process.

(6)  Reviewing and, if necessary, updating and reissuing sexual assault policies and procedures following a reported sexual assault.  Post should consult with the Office of the Legal Advisor, DS/DO/OSI, and/or the Director General to discuss whether modifications are necessary.

3 FAM 1723  Policy

(CT:PER-1200;   10-09-2024)

3 FAM 1723.1  General

(CT:PER-1200;   10-09-2024)

a. The Department will offer emergency medical care to any victim covered by this policy.  Following the initial emergency phase, the Department will coordinate ongoing care for any victim eligible for Department medical services.  This may include medical care, psychological support, medical evacuation to the United States, and other services provided by social workers, mental health professionals, victims’ advocacy staff, and medical professionals, if such services are acceptable to the victim. 

b. No victim of sexual assault will be compelled to report the assault or pursue an investigation if it is not their preference.  When investigating sexual assault, the Department will prioritize the safety and dignity of the victim.  If the victim consents, DS/DO/OSI will sensitively and fully investigate any reported allegation of sexual assault covered by this policy.  DS/DO/OSI will investigate sexual assault allegations in collaboration with the victim, victim advocates, prosecutors, medical professionals, and others as appropriate.  During the investigative process, a DS victim advocate from the Department will assist the individual who has been assaulted with navigating internal and external resources, being heard during the judicial process, accessing community outlets, seeking compensatory eligibilities, etc., if the individual so wishes. 

3 FAM 1723.2  Applicability

(CT:PER-1200;   10-09-2024)

a. This policy applies to the following categories:

(1)  All Department employees;

(2)  Persons under personal-service contracts (PSCs) or personal-service agreements (PSAs);

(3)  All other persons under COM authority abroad and accompanying eligible family members;

(4)  A sexual assault on any person that occurs on premises of U.S. diplomatic, consular, or other U.S. government missions or entities in foreign countries, including buildings, parts of buildings, and land appurtenant thereto or used for the purposes of those missions/entities, irrespective of ownership; or a sexual assault on any person that occurs in residences in foreign countries and the land appurtenant thereto, irrespective of ownership, used for the purposes of those missions/entities or used by U.S. personnel assigned to those missions/entities.

b. Allegations involving host nation residents/nationals or locally employed staff will be investigated by the Department in consultation with the Department of Justice (DOJ) while considering the capability and laws of local authorities and the nature of the sexual assault allegation.

c.  Procedures for handling allegations of sexual assault may be different for Department of Defense/combatant command personnel and various international organizations than those at the Department of State.  Personnel detailed to an international organization or a combatant command who have been the victim of a sexual assault can reach out to MED for medical guidance and to DS/DO/OSI for law enforcement guidance.

d. This section does not apply to sexual assaults where the victim was younger than 18 years old at the time of the assault.  The Department policy for investigating sexual assaults involving such victims can be found within the Family Advocacy Program (3 FAM 1810).  Domestic violence is covered in 3 FAM 1815.

3 FAM 1724  PROCEDURES for Department Medical Personnel and Evidence Collection

(CT:PER-1200;   10-09-2024)

3 FAM 1724.1  Health Unit clinical staff

(CT:PER-1200;   10-09-2024)

a. Health Unit clinical staff may include a Medical Provider (MP), Regional Medical Officer (RMO), and locally employed nurses, physicians, physician assistants, or nurse practitioners. 

b. When a Health Unit clinician learns of an allegation of sexual assault, the clinician will:

(1)  Offer the victim options for assessment and treatment, including emergent medical evacuation, for the collection of the Sexual Assault Evidence Collection (SAEC) Kit or for any injuries or illnesses in accordance with the procedures outlined in MED standard operating procedures;

(2)  Ensure the victim is aware of the option to report the incident to the RSO or DS/DO/OSI;

(3)  Ensure the victim is aware of the option to pursue a DS investigation of the incident;

(4)  Ensure the victim is aware of the availability of evidence collection (even if the victim declines to report the incident to DS at that time) via the administration of a SAEC Kit examination, if prompt, appropriate collection can be arranged;

(5)  Administer the SAEC Kit if the victim consents.  MED personnel may arrange for emergent medical evacuation if the victim prefers the SAEC kit be administered in the United States.  If possible, a U.S. citizen clinician should administer the SAEC Kit.  If post does not have a U.S. direct hire RMO or MP present, post should contact the Regional Medical Manager or MED in Washington, DC and DS/DS/OSI for further guidance;

(6)  Ensure the proper disposition of the SAEC Kit in accordance with MED and DS procedures; and

(7)  Provide the victim with information about the various emotional and psychological supports available within the Department, including VRAP, the Regional Medical Officer Psychiatrist, and/or ECS.  ECS can be reached by phone 202-634-4874 or email at MEDECS@state.gov.

c.  A victim is freely able to access healthcare and make related decisions regardless of their choice to report or not report the incident to an RSO, DS/DO/OSI, or any other person or entity.

d. The clinician’s handling of sexual assault allegations are controlled by policies outlined in this section and standard operating procedures maintained by MED. 

3 FAM 1724.2  Sexual Assault Evidence Collection Kit (SAEC Kit)

(CT:PER-1200;   10-09-2024)

a. A SAEC Kit is a commercially produced kit, chosen with the approval of DS/DO/OSI and MED, which allows a clinician to document and collect evidence of an alleged sexual assault.  The SAEC Kit includes tools and equipment to allow for the collection of trace and biological evidence as well as paperwork for documenting physical findings during a sexual assault examination.

b. SAEC Kits are administered by MED clinicians to document the facts and circumstances of an alleged sexual assault and to collect physical, biological, trace, and other evidence of a sexual assault that may be present on a victim’s body or clothing. 

c.  Regardless of any medical training, certification, or license, DS personnel are not authorized to administer SAEC Kits without authorization from DS/DO/OSI in consultation with the DOJ or L/M/DS.

d. SAEC Kits should always be administered with dignity and respectful consideration for the victim.  The Department-provided SAEC Kit includes step-by-step instructions and requires no specific training beyond the clinician’s formal medical training to administer successfully.  The SAEC Kit can be used for victims of all ages, but MED personnel should not administer to minors without consent from a parent or guardian and consultation with MED headquarters.

e. In addition to the steps within the SAEC Kit, the MED clinician may, when necessary and only with the victim’s consent, collect blood and urine samples from the victim.  If blood or urine samples are collected for investigative purposes, the MED clinician should notify DS/DO/OSI for guidance on collection.

f.  If a victim declines to report the incident to DS, the administration of the SAEC Kit facilitates the preservation of evidence in the event the victim later decides to notify DS or local law enforcement and pursue an investigation of the sexual assault.  The MED clinician should not report the assault to any official at post without consent from an adult victim.  If the victim declines to notify the RSO or DS/DO/OSI of the sexual assault allegation but allows a MED clinician to conduct a SAEC Kit, the clinician should:

(1)  Record this information on a patient progress note to be stored with restrictive access and non-personally identifiable (PII) MED identification;

(2)  Follow established MED procedures for labeling, handling, storing, and shipping the completed SAEC Kit;

(3)  Provide the victim with the necessary information to contact DS/DO/OSI and MED if they decide to pursue an investigation of the sexual assault allegations; and

(4)  Protect the identity of the victim using non-PII, MED-assigned identification.

g. When provided with a completed SAEC Kit and blood or urine samples, if collected, the RSO should consult with DS/DO/OSI to ensure a property receipt (Form DS-1857) and a chain of custody form (Form DS-1858) are completed correctly.  The items should be packaged in accordance with the guidelines found in 12 FAH-4 H-035.  The packaged items should be secured as evidence in a locked container that is only accessible to the RSO.  The items should be stored securely until additional guidance is provided by DS/DO/OSI.

h. It is the policy of DS/DO/OSI to maintain completed SAEC Kits for a period of five years unless otherwise directed or approved by the DOJ in the United States.

i.  SAEC Kits should be available in every post with a Health Unit.  SAEC Kits are funded by DS and shipped directly to the post.  MED personnel and RSO should work together to ensure that at least three SAEC Kits are available at every COM facility with a Health Unit.  Posts should contact DS/DO/OSI (via DSCC at 571-345-3146 or by email at DS-OSIDutyAgent@state.gov) to obtain additional SAEC Kits.  DS/DO/OSI will procure and maintain an adequate supply of the designated SAEC Kits and will dispatch the SAEC Kits to posts at the request of MED, the RSO, or a Health Unit.

3 FAM 1724.3  Victims Covered by the Department’s Medical Program

(CT:PER-1200;   10-09-2024)

At post, the Health Unit provides care following sexual assault to participants in the Department’s Medical Program.  Per 16 FAM 315.1 and MED internal standard operating procedures, medical evacuation travel will be arranged to the appropriate medical evacuation location if requested by the Medical Program participant.

3 FAM 1724.4  Victims Not Covered under the Department’s Medical Program

(CT:PER-1200;   10-09-2024)

If a sexual assault covered by this policy is reported but the victim is not a participant in the Department’s Medical Program, the Health Unit will offer emergency medical assistance to the victim and will administer an SAEC Kit for any victim who consents.  The kit will be processed similarly to those under the Department’s Medical Program and preserved for availability to the appropriate jurisdiction.

3 FAM 1724.5  Bureau of Medical Services (MED)

(CT:PER-1200;   10-09-2024)

MED headquarters is responsible for:

(1)  Providing guidance and training to MED clinical staff on the proper procedures to follow when a Health Unit is notified of an allegation of sexual assault;

(2)  Maintaining and updating procedures to handle, ship, and store completed SAEC Kits in the event the victim declines to notify DS of the sexual assault but consents to the administration of a SAEC Kit;

(3)  Maintaining and updating procedures and guidelines for a victim to contact MED;

(4)  Referring victims to Medical Records (medmr@state.gov) or appropriate local post personnel for releasable medical information upon request; and

(5)  Maintaining and updating MED policy concerning signed written consent for the transfer of the SAEC Kit and other biological specimens to DS for the sexual assault investigation. 

3 FAM 1725  Procedures for DS Investigative Personnel Related to Sexual Assault

(CT:PER-1200;   10-09-2024)

3 FAM 1725.1  Regional Security Officer (RSO)

(CT:PER-1200;   10-09-2024)

a. The RSO is the federal law enforcement officer charged with ensuring the safety and security of those under COM authority and their eligible family members, and of COM facilities, and has the authority to conduct investigations of federal offenses involving U.S. government personnel and facilities, as well as offenses that occur under Special Maritime Territorial Jurisdiction. 

b. In situations involving allegations of sexual assault, the RSO will:

(1)  Immediately take any necessary steps to prevent further harm to the victim;

(2)  Provide support for the victim including referring the victim to the Health Unit and VRAP;

(3)  With the express consent of the victim, notify the COM/Principal Officer/Chargé, and the responsible FSMS, except as otherwise provided herein;

(4)  Ensure that the victim has been made aware of the availability, purpose, and use of the SAEC Kit;

(5)  Take initial steps to locate and protect evidence in consultation with DS/DO/OSI; and

(6)  Coordinate additional investigative activities based upon instructions from DS/DO/OSI.

c.  The RSO must include a discussion on and copy of 3 FAM 1710 and 3 FAM 1720, sexual assault policies, as well as any post-specific policies in the security briefing required per 12 FAM 424.5 for newly assigned personnel, eligible family members, and TDY personnel. 

3 FAM 1725.2  RSO and DS Reporting Procedures

(CT:PER-1200;   10-09-2024)

a. DS special agents at post are required to report allegations of sexual assault to the RSO and DS/DO/OSI. The RSO must report the allegation of sexual assault to DS/DO/OSI and, with victim concurrence, to the Chief of Mission, unless the alleged perpetrator is the COM or eligible family member of the COM.

b. In cases where the victim is a DS special agent, the victim has the same options and can follow the same procedure as other victims (including deciding not to report the assault).

c.  When reporting a sexual assault allegation, DS law enforcement personnel should be prepared to provide the following information:

(1)  The basic facts surrounding the allegation;

(2)  The condition of the victim and if the victim has consulted with, or been treated by, any medical professionals;

(3)  Biographical data of all involved individuals; and

(4)  Any additional information known at the time of the report.

d. Once the allegation is reported to DS/DO/OSI, DS law enforcement personnel at post should not conduct any further investigative activity unless explicitly directed by DS/DO/OSI and with victim consent.

3 FAM 1725.3  DS Office of Special Investigations (DS/DO/OSI)

(CT:PER-1200;   10-09-2024)

a. DS prioritizes safety, dignity, and discretion in its sexual assault investigations.  This approach ensures the victim is aware of the steps of the investigation and offers the victim the opportunity to communicate freely with the investigator and a victim advocate from VRAP.  VRAP personnel are educated and/or specially trained to work with crime victims.  If, after reporting the assault to DS, the victim formally declines to proceed further, DS will respect the victim’s decision and will not re-contact the victim to ask the victim to reconsider their decision.

b. DS/DO/OSI investigates all sexual assaults as criminal violations until DOJ declines prosecution in favor of administrative remedies or unless the victim declines to press criminal charges and requests that the alleged assault be investigated administratively.  DS/DO/OSI will inform victims of the difference between criminal and administrative investigations and the risks to a criminal case if they choose the administrative option.  DS/DO/OSI will convey to DOJ the victim’s preference regarding pursuing justice and the risks to a criminal case if they chose the administrative option.

c.  When any DS special agent is notified or otherwise made aware of a sexual assault under this policy, they must notify DS/DO/OSI immediately of these allegations.  The investigation will be led by DS/DO/OSI and will require the support of the RSO located at post.

d. Upon notification of an allegation of sexual assault, DS/DO/OSI will:

(1)  Provide immediate guidance and support to the victim;

(2)  With the victim’s consent, begin an investigation into the facts and circumstances surrounding the allegation, gather evidence, and provide instructions to the RSO when investigating;

(3)  Provide the victim with access to a victim advocate through VRAP and/or refer victims to VRAP where appropriate; and

(4)  Confer with the DOJ (including the relevant U.S. Attorney’s Office) and other federal law enforcement agencies as appropriate.

e. In investigating allegations of sexual assault, DS/DO/OSI has the authority to:

(1)  Interview victims, witnesses, and suspects. OSI has the right to record the interviews of subjects and victims but will not record a victim’s interview without consent;

(2)  Request the administration of a SAEC Kit, if the victim consents;

(3)  Conduct crime scene investigations as appropriate;

(4)  Review relevant electronic records, Department records, law enforcement databases, and other sources of information;

(5)  Conduct other lawful investigative steps;

(6)  Consult with the DOJ; and/or

(7)  Consult with or, if appropriate, refer investigations to other law enforcement agencies.

 

 

UNCLASSIFIED (U)