1 Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? The New York National Guard refers all unrestricted allegations of sexual assault to local law enforcement for action when members of the Army and Air National Guard are in Title 32 or State Active Duty Status. If the case is not investigated/prosecuted by local law enforcement then the Adjutant General of New York refers the matter to NGB’s Office of Complex Investigations (OCI) for its investigation. After OCI completes its investigation then the TAG will act upon the recommendations and findings of the Report of Investigation. 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. No, it does not. As stated in response number 1, unrestricted allegations of sexual assault are referred to local law enforcement for investigation and prosecution and then if local law enforcement declines to investigate /prosecute the case is referred by the Adjutant General to NGB’s OCI and further action as set forth in response number 1. The New York National Guard’s equivalent of the UCMJ is Article VII of New York State Military Law the “Code of Military Justice”. That section of the law can be found here: http://codes.lp.findlaw.com/nycode/MIL/VII The New York State Military Law can be found here: http://codes.lp.findlaw.com/nycode/MIL 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. 4 Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? Sexual Assault statute of limitations are set forth in the New York Penal Law for the particular level of felony and misdemeanor crimes. 5 When was your UCMJ last updated? Article VII of the New York State Military Law was last updated in the mid1980s. The New York State Division of Military and Naval Affairs Regulation 27-2 is the implementing regulation for Article VII. The implementing regulation 27-2 was revised in 2003. 6 Are you currently pursuing any changes to your UCMJ in relation to rape or sex assault? No. 7 In the last five years, have you held a court martial as a result of a sexual assault allegation within your Guard unit? No. 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? GOMAR and/or letters or reprimand- Yes Dishonorable Discharge- No Other type of discharge (please specify)- Yes. Other than Honorable Forced resignation- Yes ( Resignation in lieu of adverse action) Forced retirement- Yes ( Retirement in lieu of adverse action) Other (please specify) Note: These actions are all based on the very broad Department of Defense definition of sexual assault. 9 What would your Guard unit like, that you do not have now, to help you combat sexual assaults? NA. 10 Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases? NA.