QUESTIONS FOR NBC4 WASHINGTON SURVEY
1.
Do you rely on civilian law enforcement to investigate and prosecute
sexual assault cases against members of your Guard unit?
Whenever a Commander receives an unrestricted report that a member of the
South Carolina National Guard has been sexually assaulted, that Commander shall
immediately ensure the safety of the victim and promptly notify the appropriate
civilian law enforcement to investigate and prosecute the crime. As noted in
question two below, there have been instances where civilian authorities have
declined to prosecute a case but the South Carolina National Guard was still able to
discipline the Soldiers under the South Carolina Code of Military Justice or through
adverse administrative actions.
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.
The South Carolina Code of Military Justice does not have any specific language
regarding the investigation or prosecution of sexual assault cases. However,
SECTION 25 1 3075 of the Code states that, “All statutory and common law criminal
offenses in the State of South Carolina are specifically incorporated in this code by
reference and made a part of the code so that the commission of such statutory or
common law criminal offense shall subject the violator to court martial and
punishment as the court martial shall direct.”
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?
Under the South Carolina Code of military justice, an Article32-type hearing would
be held if a General Court martial was convened. See SCCMJ, Section 25-1-2670, SC
Code of Laws.
4.
Is there a statute of limitations for sexual assault against members of the
military? If so, what is the length?
Whenever a Commander receives an unrestricted report that a member of the
SCNG has been sexually assaulted, the Commander will immediately ensure the
safety of the victim and promptly notify the appropriate civilian law enforcement to
investigate and prosecute the crime. There is no statute of limitations on
prosecutions of criminal offenses in SC civilian criminal courts.
A person charged with any offense is not liable to be tried by court martial or
punished using non-judicial punishment procedures if the offense was committed
more than three years before the receipt of sworn charges and specifications by an
officer exercising summary court martial jurisdiction over the command or before
the imposition of non-judicial punishment. See SCCMJ, Section 25-1-2725, SC Code
of Laws.
5.
When was your UCMJ last updated?
The South Carolina Code of Military Justice was last amended in 2011.
6.
Are you currently pursuing any changes to your UCMJ in relation to rape or
sex assault?

 The South Carolina National Guard is not currently pursuing any changes to the
South Carolina Code of Military Justice in relation to rape or sex assault. Sexual
assault is already a serious crime under South Carolina law and civilian law
enforcement agencies have complete jurisdiction to investigate and prosecute these
matters, even when they occur between Soldiers.
7.
In the last five years, have you held a court martial as a result of a sexual
assault allegation within your Guard unit?
The S.C. National Guard has convened three Courts Martials relating to sexual
assault or similar charges. In each case, these courts martials were convened only
after determining the matters could not be prosecuted by civilian authorities.
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?
GOMOR and/or letters or reprimand
Yes. As part of their punishment, the two Soldiers that were courts-martialed each
received a GOMOR.
Dishonorable Discharge
No.
Other type of discharge (please specify)
Soldiers who were court-martialed waived a separation board and agreed to a
General Discharge from the military.
Forced resignation
No.
Forced retirement
Soldiers who were court-martialed waived a separation board and agreed to a
General Discharge from the military.
Other (please specify)
9.
What would your Guard unit like, that you do not have now, to help you
combat sexual assaults?
10.
Anything else you would like to tell us about how your Guard unit
investigates and prosecutes sexual assault cases?
Sexual assault, sexual harassment, and other related instances of inappropriate
conduct are not condoned within the ranks of the South Carolina National Guard.
The Guard is committed to upholding all Federal and State laws and regulations to
maintain the high standards expected by the citizens our State and nation.

VR-

 LTC Cindi King/ Federal Technician
Director of Public Affairs
S.C. National Guard