North Carolina National Guard Q1. Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? A1. Yes. Allegations of sexual assault are referred to civilian law enforcement. If civilian law enforcement declines to pursue a case, we then refer to National Guard Bureau’s Office of Complex Investigations. The NCNG is prohibited by Army and Air Force regulations from conducting our own investigations. 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. No. With the exception of punishments, The North Carolina Code of Military Justice has cognizance of the same subjects and possesses like powers as provided by the Federal Uniform Code of Military Justice (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? A3. Yes. Whenever an Article 32 hearing would be required under the UCMJ, the NCNG would conduct one. Q4. Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? A4. The statute of limitations for sexual assault under the NCNG Code of Military Justice are the same as the Federal UCMJ. Q5. When was your UCMJ last updated? A5. 2011. Q6. Are you currently pursuing any changes to your UCMJ in relation to rape or sex assault? A6. No. However, we are pursuing a possible change to the North Carolina Code of Military Justice to authorize 24/7 jurisdiction. 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. Yes. This year, charges have been referred on one case and a court martial is pending. Incident happened on an active duty post, CID conducted an investigation which substantiated the sexual assaults. Charges have been referred and preferred and a summary court martial is scheduled on UCMJ Article 120 charges of abusive sexual contact. 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. GOMAR and/or letters or reprimand No Dishonorable Discharge No Other type of discharge (please specify) Yes, Under Other Than Honorable Conditions Withdrawal of Federal Recognition. At The Adjutant General’s request, the National Guard Bureau sent investigators from its Office of Complex Investigations (OCI). The OCI investigation substantiated the sexual assault. The NCNG pursued withdrawal of federal recognition action. The resignation was processed with The Adjutant General directing an Other than Honorable characterization of service. This was the maximum punishment allowed under the withdrawal of federal recognition proceedings. Forced resignation No Forced retirement No Other (please specify) Yes. Non Judicial Punishment Q9. What would your Guard unit like, that you do not have now, to help you combat sexual assaults? A9. To have the North Carolina Code of Military Justice amended to authorize 24/7 jurisdiction. Q10. Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases? A10. NCNG is stepping outside the SHARP box by also focusing on the perpetrators of sexual crimes. For the past two years, the NCNG hosted Ann Munch, a nationally recognized specialist in Sexual Assault Prevention, to speak to senior and junior NCNG leaders. While supporting victims through NCNG SHARP and NCNG Integrated Behavioral Health System (IBHS), various NCNG sections and programs provide targeted training and education to the entire state force and empowers the force to take back control, uncovering unacceptable behavior and holding those identified immediately accountable. NCNG doesn't just properly investigate and prosecute sexual assault cases, we pursue more minor misconduct, command climate issues, sexual harassment, race discrimination, and hostile work environment that often set the conditions for sexual assaults to occur or a situation where a victim is scared to report an incident of sexual assault. NCNG’s SAPR-C (Sexual Assault Prevention and Response Committee) meets monthly. The purpose of this committee is to: provide executive oversight of the Sexual Assault Prevention and Response program, review cases and procedures to improve process, ensure system accountability and victim access to quality services and resources, and provide administrative feedback to Adjutant General regarding all aspects of the program. NCNG has the unique ability to support victims. With consent, each victim is assigned a licensed and insured psychotherapist (Master's or Doctoral level) and a Behavioral Health Case Manager (Master's level) to guide, coach and support through what is frequently a lengthy process. The IBHS provides assessment, referrals for treatment and follow up for the victim helping to ensure their engagement in the recovery process with regards to their military sexual trauma (MST). The IBHS abides by state and federal laws pertaining to the counseling fields and so confidentiality and privileged information is protected making victims even more likely to come forward for assistance.