Q1. Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? A1. The New Jersey National Guard, like other states' National Guards, serves dual federal and state roles. When Guardsmen are mobilized to Active Duty, they fall under the command and control of the federal government (Title 10). When Guardsmen are serving in their traditional reserve capacity, they fall under the control of their respective state (Title 32). As a result, this creates jurisdictional gaps. Some investigations are referred to civilian law enforcement and others are investigated internally. To address and mitigate jurisdictional issues, the National Guard Bureau established the Office of Complex Administrative Investigations (OCI) to ensure reports of sexual assault are investigated by professionals with the necessary background, training and experience. The OCI provides independent and unbiased investigators trained to handle sexual assault allegations; they are not a law enforcement entity. The New Jersey National Guard through command channels as well as Sexual Assault Response Coordinators (SARCS) encourages the victims of sexual assaults to report incidents to local law enforcement agencies. In many cases, victims are reluctant to report instances of sexual assault to local enforcement for a variety of reasons. Local law enforcement agencies make their own determination whether or not to investigate and prosecute an alleged sexual assault. 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. The New Jersey National Guard does not have a codified Uniform Code of Military Justice (UCMJ). The state of New Jersey does not have a UCMJ equivalent military justice code of its own and National Guardsmen in their normal training status (Title 32) are not subject to the jurisdiction of the UCMJ (Title 10). As a result, the NJNG relies upon local law enforcement agencies to investigate and prosecute sexual assaults within our ranks. The NJNG is limited to utilizing adverse administrative measures (reprimand, reduction, discharge, etc.) to handle disciplinary infractions. In addition, Department of Defense instructions and guidelines prohibit the National Guard, and the Army in general, from using its primary internal investigative tool, the AR 15-6 investigation, when there is an allegation of sexual assault. The US Army Criminal Investigative Command (CID) will generally not investigate a reported sexual assault unless it occurs on a federal military installation (as opposed to at a state National Guard armory). As a result, the National Guard is largely dependent on outside agencies, such as local law enforcement and the National Guard Bureau Office OCI to conduct sexual assault investigations for the National Guard. 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. The New Jersey National Guard does not have a codified Uniform Code of Military Justice. Q4. Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? A4. This is not applicable to the New Jersey National Guard since we do not have a Uniform Code of Military Justice. Q5. When was your UCMJ last updated? A5. The New Jersey National Guard does not have a codified Uniform Code of Military Justice. Q6. Are you currently pursuing any changes to your UCMJ in relation to rape or sex assault? A6. The New Jersey National Guard does not have a codified Uniform Code of Military Justice. 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. The New Jersey National Guard does not have a codified Uniform Code of Military Justice and does not have courts-martial authority. 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. Military members charged with sexual assault and who are pending trial in the state and federal civilian court system are generally issued official letters of reprimands which can placed in their official military personnel files and are usually subject to administrative discharged from the National Guard. A dishonorable discharge can only be issued via a formal court martial. Q9. What would your Guard unit like, that you do not have now, to help you combat sexual assaults? A9. There has been much discussion about whether or not the NJNG should have a military justice code of its own. Most allegations of sexual assault are successfully dealt with in the civilian court system with the NJNG administering companion adverse action to include administrative discharge. Adoption of a formal military justice code will require resources in terms of additional full-time personnel manning due to the requirement for military judges, prosecutors, additional defense counsel, court reporters and legal administrators. Q10. Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases? A10. The New Jersey National Guard is committed to addressing, reducing and ultimately eliminating future incidents of sexual assault. The New Jersey Guard will continue to work closely with the Department of Defense to identify resources and initiatives to enhance our sexual assault prevention program. PATRICK L DAUGHERTY CW3, JA, NJARNG Public Affairs Officer