1. Yes. Iowa Code 29B.116A reserves jurisdiction over the crime of sexual
abuse (sexual assault) to civilian courts.
2. Refer to Iowa Code 29B.116A regarding jurisdiction of the Iowa Code of
Military Justice (ICMJ).
3. Yes, ICMJ section 29B.33 provides for an investigation similar to an
Article 32 hearing for General Court Martial purpose. The
investigation is conducted in accordance with the federal Manual for Courts
Martial.
4. There is no ICMJ statute of limitations as we lack jurisdiction, per Iowa
Code 29B.116A. The statute of limitations for sexual assaults involving
members of the Iowa National Guard are dictated by the Iowa civilian
criminal code/Iowa Code.
5. The Iowa Code of Military Justice was last updated in 2014.
6. No, the 2014 updates resolved proposed changes to the ICMJ with regard to
sexual assault.
7. No
8. No specific punishment for sexual assaults as we lack jurisdiction, but
punishments have been meted out for collateral misconduct.
9. We have very few reported sexual assaults in the Iowa National Guard. We
are analyzing the impact of the 2014 updates to the ICMJ before recommending
further changes.
10. State law requires the Iowa National Guard to notify civilian law
enforcement for every unrestricted report of sexual assault. In each case,
we appoint a military liaison to civilian law enforcement to assist them in
conducting the investigation.