1. Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? Yes, The National Guard is unique in that it has both federal and state roles. When serving under Title 10, U.S.C. the Oregon National Guard is under the command of the President; when serving under Title 32, U.S.C. or in State Active Duty under state law, the Oregon National Guard is under the command of the governor. Active duty members that are in a federal status under Title 10, U.S.C. are subject to the Uniform Code of Military Justice (UCMJ). DoD policy requires unit commanders who receive unrestricted reports of sexual assault to immediately refer them to the appropriate Military Criminal Investigation Agency (MCIO); commanders cannot conduct internal investigations into these matters. Therefore, when a report of sexual assault is made, the case is referred to an agency such as the Army's Criminal Investigation Division (CID). These agencies only investigate crimes that have a Title 10 nexus. The MCIOs do not normally have jurisdiction over NG members who are in a non-federal status under Title 32, U.S.C. The appropriate criminal investigative agency for assaults with a Title 32 nexus is normally state or local Civilian Law Enforcement (CLE). However, sometimes the CLE will close out a Title 32 case without action (or sometimes decline to investigate). To address this situation, the Chief of the National Guard Bureau established the Office of Complex Investigations (NGB-JA/OCI) in July 2012 as an investigative resource for the state adjutants general. The primary mission of this office is to investigate sexual assaults that occur within the states, but outside the jurisdiction of Military Criminal Investigation Organizations (MCIOs), declined for investigation by Civilian Law Enforcement (CLE), or are not sufficiently investigated by CLE. OCI conducts administrative investigations; it does not have law enforcement authority. 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. Yes, Article 120 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, when considering trial by general court-martial. 4. Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? Yes, there is a 3 years statute of limitations on all military offenses, however we are working to change the Oregon Code of Military Justice to mirror the language of the recent National Defense Authorization Act which eliminates the statute of limitations on sexual assault cases. 5. 2010 When was your UCMJ last updated? 6. Are you currently pursuing any changes to your UCMJ in relation to rape or sex assault? Yes. We plan to update state military justice code to keep its statute of limitations and Articles 32 and 120 aligned with the UCMJ's. 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? Yes--Administrative discharge (Drop from Rolls) following a criminal conviction. 9. What would your Guard unit like, that you do not have now, to help you combat sexual assaults? We have a number of preventative and disciplinary tools at our disposal to combat sexual assault; however we are always looking for new ways to combat the issue. As we view even one sexual assault to be one to many, we are always looking for ways to refine our processes in prevention and to be able to deal swiftly and justly with those who commit the crime. 10. Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases? The Oregon National Guard does not tolerate sexual assault from any of its members regardless of rank or position.