Maybe. MCO 1752.5C states that Marines are mandated to report incidents of sexual assault that come under their observation (e.g., witness a sexual assault). A victim’s communication with another person (e.g., roommate, friend, family member) does not, in and of itself, prevent the victim from later electing to make a Restricted Report. Restricted Reporting is confidential, not anonymous, reporting.
If the person to whom the victim confided the information is NOT in the victim’s direct reporting chain of command/supervisor nor in law enforcement, there is no legal obligation for that individual to report to the command or law enforcement. If the person to whom the victim confided the information (e.g., roommate, friend, family member) is in the victim’s chain of command or a law enforcement officer, there can be no Restricted Report and the information shall be reported to the command and appropriate MCIO.
Communications between the victim and a person other than the SARC, Sexual Assault Prevention and Response Victim Advocate (SAPR VA), chaplain, Victim’s Legal Counsel (VLC), and/or healthcare personnel are NOT confidential and do not receive the protections of Restricted Reporting. A SAPR VA is not a mandatory reporter except in cases involving imminent life threatening danger to the self or others. If you desire to make a restricted report it is important that you seek out a SARC, SAPR VA, chaplain, VLC, and/or healthcare personnel to maintain confidentiality. California is a mandate report state when it comes to sexual assault, unless that report is made aboard an installation with a Military Treatment Facility (MTF), so please ensure that you speak with a SAPR VA first to help maintain the Restricted Reporting option.