1. Do you rely on civilian law enforcement to investigate and prosecute sexual assault cases against members of your Guard unit? The South Dakota National Guard (SDNG) does not rely solely upon civilian law enforcement to investigate sexual assault cases, however, Chief National Guard Bureau Notice (CNGBN) 0400, 16 April 2014 mandates that commanders refer these matters to civilian law enforcement for investigation. If the civilian authorities determine that they will not prosecute, the SDNG obtains a copy of the investigation and forwards the same to the National Guard’s Office of Complex Investigation (OCI) for its use in conducting its own independent investigation. 2. Does your state UCMJ have any specific language regarding investigating or prosecuting sexual assault cases? No. If so, please provide some details or the specific statute. N. A. 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. South Dakota Codified Law (SDCL) 33-10-100 provides for an investigation prior to referral to a general courts-martial. 4. Is there a statute of limitations for sexual assault against members of the military? If so, what is the length? None under the 2014 National Defense Authorization Act. Under South Dakota law, 1 st and 2nd Degree Rape have no statute of limitations. For 3rd and 4th Degree Rape, the limitation is before the victim turns 25 or 7 years following the commission of the crime, whichever is longer. All other sex offenses have a 7 year limitations period. 5. When was your UCMJ last updated? 2012. 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 – Removal from the AGR program Forced resignation Forced retirement Other (please specify) One UCMJ Article 15 punishment. 9. What would your Guard unit like, that you do not have now, to help you combat sexual assaults? The SDNG’s aim is to reduce, with the ultimate goal of eliminating the crime of sexual assault from our ranks. We will continue to work closely with the DoD and the Services to identify new resources and initiatives to enhance our efforts. The SDNG has an active sexual assault prevention and response program, and although there is more work to do, we are seeing evidence of progress. We attribute this progress to sustained leader engagement, improved victim advocacy, support and services, targeted prevention and awareness training, a more culturally aware and educated force, and enhanced administrative, investigative, and legal capabilities. 10. Anything else you would like to tell us about how your Guard unit investigates and prosecutes sexual assault cases? No