QUESTIONS FOR NBC4 WASHINGTON SURVEY Answers Relating to Arkansas National Guard Q1. Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? A: 1. It depends on the situation. Inside the state of Arkansas, civilian law enforcement is the main investigating authority for sexual assault cases. There are instances where the Office of Complex Investigations with NGB, Army CID, or Air Force OSI may investigate sexual assault cases against Arkansas National Guard members. As for prosecution, it also depends. Civilian authorities are the primary and preferred means to prosecute sexual assault cases, but there are instances where the Arkansas National Guard will take the lead. Q2. Does your state UCMJ have any specific language regarding investigating or prosecuting sexual assault cases? If so, please provide some details or the specific statute. A: 2. Yes, it is a crime under the Military Code of Arkansas to commit sexual misconduct. Arkansas Code § 12-64-845. Sexual Misconduct - A person subject to this code who engages in sexual contact with unlawful force, abuse of authority, or violence is guilty of sexual misconduct and shall be punished as a court-martial may direct. Q3. Does your state UCMJ allow you to do the equivalent of an Article 32 hearing in the federal system? If so, under what circumstances? A: 3. Yes, pursuant to Arkansas Code § 12-64-504 Investigations. We rely on this code in the same circumstances in which an Article 32 hearing would be conducted under the UCMJ. Q4. Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? A: 4. Under the Arkansas Criminal Code, it depends on the felony classification level. Under the Military Code of Arkansas, the Statute of Limitations is two years. Q5. When was your UCMJ last updated? A: 5 In 2015 Q6. Are you currently pursuing any changes to your UCMJ in relation to rape or sex assault? A: 6. Changes we just made that take effect at the end of July. Q7. In the last five years, have you held a court martial as a result of a sexual assault allegation within your Guard unit? A: 7. Yes. A special court-martial and a general court-martial. Q8. In the last five years, have you meted out any of the following punishments resulting from a sex assault allegation made against a member of your unit? A: 8. GOMAR and/or letters or reprimand? Yes. Dishonorable Discharge? No. Other type of discharge? Yes, bad conduct discharge and a dismissal of an officer. Forced resignation or forced retirement? Resignation. Other- involuntary separation from the AGR program, revocation of orders, confinement to a detention facility, forfeiture of pay. Q9. What would your Guard unit like, that you do not have now, to help you combat sexual assaults? A: 9. An O-6 slot for military judge, additional funding, and National Guard version of CID. 10. Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases? A: 10. The Arkansas National Guard looks upon sexual assault for what it is – a crime which inflicts physical and psychological harm on one of our members. Upon reporting we seek to connect victims with every available resource for treatment and assistance as quickly as possible. In addition, our Adjutant General has communicated to the force that sexual assault is a crime and is incompatible with our core values. All allegations of sexual assault will be fully investigated by the proper authorities (OCI, CID, local law enforcement) while carefully ensuring the rights of both the victim and the accused. If validated, cases of sexual assault will be prosecuted to the extent of the law. Submitted 5-15-2015 Copy: Command Group JAG Public Affairs SARC