Department of Defense
INSTRUCTION
NUMBER 5505.08
April 17, 2013
Incorporating Change 1, Effective March 23, 2017
IG DoD
SUBJECT: Military Criminal Investigative Organizations (MCIO) and Other DoD Law
Enforcement Organizations Investigations of Adult, Private, Consensual Sexual
Misconduct
References: See Enclosure 1
1. PURPOSE. This instruction:
a. Reissues DoD Instruction (DoDI) 5505.8 (Reference (a)) in accordance with the authority
in DoD Directive 5106.01 (Reference (b)) to establish policy, assign responsibilities, and provide
procedures for the initiation of criminal investigations into adult, private, consensual sexual
misconduct, as defined in this instruction.
b. Incorporates the repeal of “Don’t Ask, Don’t Tell” policy in accordance with Public Law
111-321 (Reference (c)).
2. APPLICABILITY. This instruction:
a. Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs
of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the
Department of Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other
organizational entities within the DoD (referred to collectively in this instruction as the “DoD
Components”).
b. Should not be construed to limit or preclude the investigation of criminal activity
associated with commercial sex acts, sex trafficking, and severe forms of trafficking in persons
involving sex trafficking in accordance with DoDI 2200.01 (Reference (d)).
c. Does not apply to a sexual misconduct situation if there is any allegation of sexual assault
involved, regardless of the magnitude, merit, or source of the allegation. Allegations of this
nature must be immediately reported to an MCIO for investigation.
