1.
Do you rely on civilian law enforcement to investigate and prosecute sexual
assault cases against members of your Guard unit?
Not Exclusively. Often, civilian law enforcement declines to investigate. In these
cases, LANG conducts the investigation. If the local district attorney declines to
prosecute, LANG will prosecute if appropriate.
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. La. R.S. 29:220.
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. An Article 32 hearing is conducted prior to the referral of a case to a General
Court Martial.
4.
Is there a statute of limitations for sexual assault against members of the
military? If so, what is the length?
The statute of limitations is the same for military and civilian in Louisiana under the
state code of military justice. If the victim is under 17, statute of limitations is 30
years from the time victim turns 18 for the following crimes: Sexual battery, felony
carnal knowledge of a juvenile, indecent behavior with juveniles, molestation of a
juvenile, crime or aggravated crime against nature, or incest or aggravated incest.
All others is 6 years.
5.

When was your UCMJ last updated?

Two years ago.
6.
Are you currently pursuing any changes to your UCMJ in relation to rape or
sex assault?
Our punitive article in the Louisiana Code of Military Justice is identical to the newly
revised article in the Uniform Code of Military Justice.
7.
In the last five years, have you held a court martial as a result of a sexual
assault allegation within your Guard unit?
Yes.
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. No.

 Other type of discharge (please specify) Other than Honorable
Forced resignation. Yes
Forced retirement. Yes
Other (please specify)
9.
What would your Guard unit like, that you do not have now, to help you
combat sexual assaults?
We are very aggressive in combating sexual assault and aggressively prosecute
when necessary and appropriate. The Louisiana Legislature has enacted the laws we
need to enforce good order and discipline.
10.
Anything else you would like to tell us about how your Guard unit investigates
and prosecutes sexual assault cases?
All allegations of sexual assault must immediately be reported to the Commanding
General for investigation. Lower level commanders are not allowed to conduct
investigations into sexual assault.
Pete Schneider, Col, LA ANG
State Public Affairs Officer
Louisiana National Guard