Public Affairs Office (573) 638-9846 ngmo.pao@us.army.mil NBC4 Washington Survey May 27, 2015 mo.ngpao@mail.mil MISSOURI NATIONAL GUARD’S SEXUAL ASSAULT PREVENTION PROGRAM: The Missouri Uniform Code of Military Justice has not been implemented. Therefore, the Missouri National Guard relies on local law enforcement to prosecute cases involving serious crimes, including sexual assaults that take place while in a duty status. In the past three years, only one Guardsman has been convicted of a serious crime while on duty. Our JAG worked with the county prosecutor’s office to ensure prompt action was taken commensurate with due process. Missouri’s Adjutant General, Maj. Gen. Steve Danner, has taken proactive steps to combat sexual assault through focusing on improving prevention, investigation, accountability, victim support, and assessment. This includes a program unique to Missouri: Missouri National Guard mentorship program. The Missouri National Guard’s goal is to eliminate sexual assault. Key parts of our prevention program are training on bystander intervention, and emphasis on our core values of dignity and respect; these values must be part of the leadership exercised every day by our most junior to most senior leaders across all of our units. Maj. Gen. Danner has personally briefed Sen. Claire McCaskill, who has visited the Missouri Guard to talk about our Sexual Assault Response Program and other resiliency programs in general. Sen. McCaskill has said the Missouri National Guard model is one that could be replicated in other states. It is imperative that all members of the National Guard are aware that sexual assault is a crime, no matter their status – traditional, full-time, activated, or in their civilian life. Q1. Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? A1. When Guardsmen are in Title 32 National Guard duty status, civilian law enforcement agencies have jurisdiction to investigate and prosecute if they choose to do so. However, when Guardsmen are in Title 10 Active Duty status and the alleged crime happens on a military installation, military authorities investigate and prosecute the case. In cases where civilian law enforcement declines to investigate, we refer the case to National Guard Bureau’s Office of Complex Administrative Investigations (OCI). The NGB established OCI to ensure reports of sexual assault are investigated by professionals with the necessary background, training and experience. The OCI provides the Adjutant Generals (TAGs) with a funded cadre of independent and unbiased investigators trained to handle sexual assault allegations. There are 117 Army and Air Guard investigators who have been trained at the Special Victims' Unit Investigator Course. Another example is the availability of Title 32 Special Victims' Counsels (SVC) to Page 2 aid NG members with legal issues arising from a reported sexual assault. This NGB joint-service SVC program, currently fueled by 102 professionally trained attorneys, became operational in May 2014, and has been instrumental in helping NG victims navigate the investigative process and judicial proceedings. These and other initiatives have led to increased confidence in our prevention of and response to sexual assault in the NG. Finally, in cases where both civilian law enforcement and NGB OCI decline to investigate the matter is referred to the first General Officer in the chain of command for appropriate action (MONG Policy Memo 14-34). The staff judge advocate for the Missouri National Guard tracks every sexual assault case to ensure final resolution. 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. A2. Yes, however, Missouri UCMJ is not implemented. The Missouri Manual for Courts-Martial (MCCM) specifically excludes the following crimes: murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault, burglary, housebreaking, etc. Jurisdiction is reserved to the civil courts (MCCM Section 40.410). Our MCCM addresses primarily military-related offenses. 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? A3. Yes. It is a condition precedent to referral to a general court martial (MCCM Rule 405). Q4. Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? A4. The military has no statute of limitations. However, under Missouri law, there is a three-year statute of limitation unless the victim is under the age of 17 and the statute of limitations is 10 years. Q5. When was your UCMJ last updated? A5. 1991 Q6. Are you currently pursuing any changes to your UCMJ in relation to rape or sex assault? A6. No. Q7. In the last five years, have you held a court martial as a result of a sexual assault allegation within your Guard unit? A7. No. The Uniform Code of Military Justice has not been implemented in Missouri. Therefore, the Missouri National Guard relies on local law enforcement to prosecute cases involving serious crimes. However, Missouri has assisted in Title 10 courts martial by the active duty Army. Page 3 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? A8.     The Missouri National Guard has meted out the following punishments over the past five years: General Officer Memorandum of Reprimand and/or letters Other than honorable condition discharge (administrative) Forced resignation Other (bar to re-enlistment) Q9. What would your Guard unit like, that you do not have now, to help you combat sexual assaults? A9.        The Missouri National Guard believes all the following are needed: All investigating officers trained in sexual assault investigation techniques. Additional incremental funding to place sexual assault victims in paid status to receive behavior health care and treatment. Authority, including additional incremental funding to fund uninsured (or under insured) sexual assault victims with local behavioral health care and treatment. Additional incremental funding, beyond drill weekends and annual training, to place junior personnel in paid status to receive additional sexual harassment and assault prevention training. Additional incremental funding, beyond drill weekends and annual training, to place officers in paid status to investigate sexual harassment complaints. Additional incremental full-time personnel authorizations, specifically for Sexual Assault Response Coordinators at brigade/wing level. Additional incremental full-time personnel authorizations, specifically for sexual assault investigators. Q10. Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases. A10. There are other administrative tools available to the command: bar to reenlistment, reduction in rank, General Officer letter of reprimand, and administrative discharge with punitive discharge. Leadership culture is key to prevention of sexual assault. Our goal is to eliminate sexual assault by creating a culture in which survivors know they are supported and offenders know they will be prosecuted. The Missouri National Guard has specific programs to address these important issues including resiliency training, Partners in Care, and a mentoring program, which is unique to Missouri. In addition, the Missouri National Guard vigorously pursues and monitors civilian prosecutions.