Q1. Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? Yes, the Montana National Guard works closely with active military component criminal investigative organizations and local law enforcement agencies to investigate allegations of sexual assault within their jurisdiction. In addition, the Montana Legislature recently authorized the creation of a Sexual Assault Prosecution Unit under the Montana Department of Justice to assist and train local law enforcement and prosecutors in the prosecution of crimes relating to sexual assault. The Montana National Guard is prohibited by federal regulation from administratively investigating allegations of sexual assault, so we rely on the National Guard Bureau's Office of Complex Administrative Investigations for such purposes. 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. The Montana UCMJ adopts the federal UCMJ by reference and therefore has the same specific language found in the federal UCMJ. 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? Yes, The Montana UCMJ adopts the federal UCMJ by reference and uses the same procedure. Q4. Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? It would depend on the status of the accused offender. If the accused is not a member of the Montana National Guard subject to the Montana UCMJ, the state statute of limitations for felony offenses is ten years, and for misdemeanor offenses is five years. Because the Montana UCMJ adopts the federal UCMJ by reference, if the accused is a member of the Montana National Guard to be prosecuted in a court-martial, there is no statute of limitations. Q5. When was your UCMJ last updated? April 2015, with the changes to be effective October 1, 2015. Q6. Are you currently pursuing any changes to your UCMJ in relation to rape or sex assault? Through our adoption of the federal UCMJ by reference, we continue to follow the lead of Congress with respect to changes to the UCMJ in relation to rape or sexual assault. Q7. In the last five years, have you held a court martial as a result of a sexual assault allegation within your Guard unit? No. In the last five years, the Montana National Guard has supported active military component prosecutions of offenders who were alleged to have sexually assaulted members of the Montana National Guard while serving on active duty. The Montana National Guard has also coordinated with local law enforcement to conduct investigations into allegations of sexual assault against members of the Montana National Guard, however none have resulted in prosecution. Q8. In the last five years, have you meted out any of the following punishments (GOMAR and/or letters or reprimand; Dishonorable Discharge; Other type of discharge (please specify); Forced resignation; Forced retirement; Other (please specify)) resulting from a sex assault allegation made against a member of your unit? In 2014, one Soldier was removed for cause from an active duty (AGR) position and discharged from the National Guard as a result of allegations of sexual assault which were investigated by civilian law enforcement. The case was not prosecuted. In 2013, a Soldier was involuntarily separated and discharged from the National Guard as a result of a civilian court conviction of a sexual crime that was unrelated to the Soldier's military service. Q9. What would your Guard unit like, that you do not have now, to help you combat sexual assaults? At this time, the Montana National Guard is able to operate our Sexual Assault Response and Prevention plan with the resources provided. We also have received great cooperation and support from local law enforcement agencies in our requests for investigations. Q10. Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases? The Montana National Guard stands behind those within its ranks who are victims of sexual assault. The Montana National Guard relies on the trained professionals in our civilian law enforcement agencies, active military component criminal investigative organizations and, if necessary, the National Guard Bureau Office of Complex Administrative Investigations to assist in investigations of sexual assault allegations. This has proven effective for our state. Also effective have been our educational efforts to help Montana National Guard members intervene in situations before a sexual assault occurs, and improve victim care. A holistic approach to the investigation and prosecution of sexual assault cases requires a change in culture, to educate our members about how sexual assaults occur, and thus how to prevent them; as well as how victims of sexual assault respond to their assault, which increases the quality of victim care and increases the probability of obtaining the evidence and victim confidence necessary for a successful sexual assault prosecution.