From Idaho:
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. Unless mobilized and deployed under Title 10 U.S.C, the Idaho National Guard
operates as a "state-militia" authorized under Title32 U.S.C. As such, we fall under
exclusive jurisdiction of the Governor and are subject to state laws like any citizen of
the State. Local and state law enforcement have exclusive jurisdiction to
investigate sexual assault cases of National Guard members and these cases are
prosecuted by the civilian criminal court system.
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.
- Yes. When it's implemented beginning July 1, 2015, our new state Idaho Code of
Military Justice (ICMJ) authorizes commanders to pursue all criminal allegations
including, sexual assault allegations, against National Guard members when local
law enforcement and prosecutors choose not to proceed with investigation and/or
prosecution, and there is a military nexus with regard to the allegations and the
National Guard.
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. When it's implemented beginning July 1, 2015, our state ICMJ will authorize
an Article 32 hearing when charges have been referred by the General Court Martial
Convening Authority.
4. Is there a statute of limitations for sexual assault against members of the
military? If so, what is the length?
- The same statute of limitations under Idaho law applies to members of the Idaho
National Guard.
5. When was your UCMJ last updated?
- The ICMJ was enacted by the Idaho Legislature in 2015, in the legislative session
that ended last month.
6. Are you currently pursuing any changes to your UCMJ in relation to rape or sex
assault?
- Yes. After passage of the new ICMJ we intend to add additional articles in the next
legislative session that mirror the revised Article 120 UCMJ.
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.
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?
GOMAR and/or letters or reprimand: Yes

 Dishonorable Discharge: Yes
Other type of discharge (please specify): No Other Than Honorable discharge under
Army Regulations: No Forced resignation: No Forced retirement: No Other (please
specify): None
9. What would your Guard unit like, that you do not have now, to help you combat
sexual assaults?
- A certified Military Judge that could preside over a GCM
10. Anything else you would like to tell us about how your Guard unit investigates
and prosecutes sexual assault cases? No
Col. Tim Marsano
Idaho National Guard
Public Affairs Officer