How is collateral misconduct handled in case of sexual assault?
Victims of sexual assault often feel further victimized by the criminal justice system when questioned about their conduct or inaction during an assault. In cases where the victim’s behavior may be considered an offense under UCMJ, it is important not to blame the victim (either directly or indirectly) for the assault by focusing on their behavior, to consider all circumstances surrounding the assault and the impact upon the victim before taking any appropriate administrative or disciplinary action against the victim. Commanders should consult with their servicing legal office and exercise their authority, where appropriate, to defer disciplinary action regarding a victim’s misconduct until after final disposition of the sexual assault. OPNAVINST 1752.1B 6.d. (p.