Army and Department of Defense Are Off Their Axis – SHARP Gone Mad

First things first, Exercise your right to remain silent.  Get a lawyer and preferably, an experienced one.  You can always choose the government-assigned lawyer later or simultaneously.

Whatever it was meant to achieve, so-called Sexual Harassment/Assault Response and Prevention or SHARP has long been a failed policy.  It is a failure because it is prone to false complaints, poor investigations, discrimination against men and incentivizes complainants with a lifetime Disability Pension, possible VA compensation and Tricare health care benefits for life for the complainant and family.

How do I know?  I have defended men falsely accused too many times.

So what do we do?  We aggressively demand accountability, name and shame bad commanders and seek just outcomes.

The investigations are usually awful and this Army Directive 2022-13 allows misguided and woke commanders the discretionary decision that an allegation of Sexual Harassment is “serious.”

What makes an allegation serious?  It doesn’t take much. In turn, we have experienced how AR 635-200 is abused especially in Basic Training and initial-level separations that are “uncharacterized” to end-run due process and fairness.

AR 600-20, 7-8 and the Army Directive allow an appeal of a Brigade Commander’ findings and recommendations.

SARC-Generated DA Form 7746 – Demand that the Army follow its own rules.

Carefully Review the Evidence/Discovery for Completeness

 Facts in One of Our Recent Cases

September 18, 2024 – Alleged incident of Sexual Harassment

September 18, 2024 – PV2 reported alleged incident to Sexual Harassment/Assault Response & Prevention (SHARP)

September 25, 2024 – Investigating Officer (IO) appointed

October 17, 2024 – Report of Investigation submitted for legal review.

December 9, 2024 – PFC notified of Administrative Separation based on “Commission of a Serious Offense.”

December 9, 2024 – PFC counseled by the CPT that he will be “recommended for a suspended administrative separation,” however, that recommendation is not reflected in the notification.

December 11, 2024 – Private Defense Counsel’s Memorandum based on defective notification procedures for administrative separation and request for complete evidence

December 16, 2024 – PFC’s notification rescinded

December 16, 2024 – Trial Counsel verbally stated to counsel that PFC will not be re-notified for administrative separation until PFC is provided an opportunity to submit an appeal of the Army Regulation 600-20 investigation

Appeal of the SHARP Investigation – Allegation of Ongoing Sexual Harassment  PFC and PV2 were engaged in horseplay and banter.

Army Directive (AD) 2022-13 directs that “Commanders will initiate involuntary administrative separation proceedings for all Soldiers against whom there is a substantiated complaint of sexual harassment . . . .”

PFC should have SHARP determination dismissed or reversed and remove the administrative flag

 SHARP Investigation Process: Sexual Assault Allegation

“Sexual assault” is just about any sexual activity (i.e. penetrative sex, oral sex, touching) without the other party’s consent. CID investigates all sexual assault allegations.  If you are subjected to a CID investigation, get a lawyer … fast.

Exercise your right to remain silent.

You may very well get run over and charged with a serious crime, improperly be convicted or separated as a sex offender.   CID will interview any and all witnesses, including the accuser and the Soldier accused.

Please do not speak with CID. They are often young and inexperienced. Let them conduct their investigation and do what they will.  A JAG will then make a legal determination and “opine” on whether or not there is probable cause that the accused committed an offense.

Expect an Army Regulation AR 15-6 investigation.

Be prepared for a GOMOR, letter of reprimand, court-martial, administrative separation.

New Army policy is initiation of separation for a substantiated sexual harassment complaint.  Brigade Commanders can determine that a sexual harassment violation is “minor” and therefore not initiate separation. It is important to note that even if separation is initiated, it does not mean the Soldier in question will be separated. Enlisted Soldiers should retain counsel.

You can trust the retired Marine and Army Judge Advocates and military paralegals who have been advocating for our Soldiers for decades and over 11 years with CitizenSoldierLaw.

Whether you are Guard, Reserve or Active Duty, be prepared for a brutal onslaught of delay, abuse, lack of accountability and procedures, shoddy investigations and ultimately the destruction of your character and reputation and maybe Sex Offender or Megans Law status for life and conviction.