QUESTIONS FOR NBC4 WASHINGTON SURVEY
1.
Do you rely on civilian law enforcement to investigate and prosecute sexual
assault cases
against members of your Guard unit?
Yes, since civilian police have jurisdiction over these crimes. The Office of
Complex
Investigations (OCI) at National Guard Bureau are charged with investigating sexual
assaults and
rapes in the event that civilian police and/or district attorneys choose not to
prosecute or pursue
charges against a servicemember. OCI only conducts administrative investigations.
2.
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.
No. The Colorado Code of Military Justice mostly includes crimes of a
strictly military
nature, e.g., AWOL, disrespecting a superior officer, dereliction of duty, etc. Sex
assault and
rape are defined in the Colorado criminal code.
3.
Does your state UCMJ allow you to do the equivalent of an Article 32 hearing
in the federal
system? If so, under what circumstances?
Yes.
4.
Is there a statute of limitations for sexual assault against members of the
military? If
so, what is the length?
The time period during which an individual may be prosecuted for a
felony
sex offense is ten years after the commission of the crime. Prosecution of
misdemeanor offenses
charged under the sex assault (Section 18-3-402 (3), C.R.S.) and unlawful sexual
contact (Section
18-3-404 (2), C.R.S.) statutes must be commenced within five years of the
commission of the crime.
All other misdemeanor sex offenses must be prosecuted within 18 months of the
commission of the
crime.
5.

When was your UCMJ last updated?
2002.

 6.
Are you currently pursuing any changes to your UCMJ in relation to rape or
sex assault?
No. The Colorado criminal code includes rape and sexual assault.
7.
In the last five years, have you held a court martial as a result of a sexual
assault
allegation within your Guard unit?
No. We are not resourced to conduct courts martial.
8.
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?
GOMOR and/or letters or reprimand
Yes.
Dishonorable Discharge
None.
Other type of discharge (please specify)
Other Than Honorable administrative discharge
Forced resignation.
None.
Forced retirement.
None.
Other (please specify)
9.
What would your Guard unit like, that you do not have now, to help you
combat sexual
assaults?
More resources in order to prosecute cases. We have no judge, no
investigators, no military
justice section or means to confine convicted persons. Or, at lease more resources
for OCI at the National Guard Bureau.
10. Anything else you would like to tell us about how your Guard unit investigates
and prosecutes
sexual assault cases?
No.