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Evaluation of United States Army Criminal Investigation Command Sexual Assault Investigation

DODIG-2016-006

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Objective

This evaluation was initiated in response to U.S. Senator Mark Warner’s request for information regarding a U.S. Army Criminal Investigation Command (CID) sexual assault investigation involving his constituent. Our objective was to assess the victim’s allegations and determine whether CID properly completed the investigation and treated the victim with the requisite level of dignity and respect.

Findings

A. Of the victim’s five allegations, we substantiated three and partially substantiated one:

  1. CID failed to pursue the case, purportedly due to a lack of evidence, even though the subject was married at the time and could have received punishment for adultery and conduct unbecoming an Army officer. – SUBSTANTIATED
  2. CID failed to update the victim on the status of the investigation as required. – SUBSTANTIATED   
  3. CID failed to inform subject’s commander that the subject was under investigation, resulting in him being able to be honorably discharged on August 24, 2014, without any punishment. – PARTIALLY SUBSTANTIATED    
  4. CID’s attitude toward the victim was "derisive and dismissive." – SUBSTANTIATED    
  5. CID failed to report victim’s case to the Army Sexual Harassment/Assault Response and Prevention Office. – NOT SUBSTANTIATED

B. CID did not complete the investigation as required by guiding policies.

Recommendations

A. The Commander, United States Army Criminal Investigation Command, should ensure that agents conducting sexual assault investigations:

  1. Properly report non-CID purview offenses, such as adultery and conduct unbecoming an officer and a gentleman, for command action.      
  2. Brief victims on the status of investigations as required.      
  3. Brief commanders on investigations and report results as required.

Command officials took corrective actions regarding Allegation 4; therefore, no recommendation is provided. 

B. The Commander, United States Army Criminal Investigation Command should: 

  1. Reopen the investigation and undertake corrective action to properly and thoroughly investigate the victim’s sexual assault complaint.        
  2. Ensure that agents are trained and supervised to properly and thoroughly investigate and report sexual assault allegations.

Management Comments and Our Response

The Commander, CID, agreed with all of our recommendations with the exception of the recommendation to reopen the investigation (B.1.). We request further comments on that one recommendation. See the Recommendations Table on the next page.

This report is a result of Project No. 2015C001.