Q1.
Do you rely on civilian law enforcement to investigate and
prosecute sexual assault cases against members of your Guard unit?
A1
In many cases we rely on civilian law enforcement if they have
jurisdiction. In all other cases, we utilize the appropriate federal investigative
agency.
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.
The Texas Code of Military Justice incorporates all criminal
offenses contained in the Texas Penal Code. Therefore, the offense of Sexual Assault
is incorporated in the Texas Code of Military Justice.
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.
The TCMJ does provide the opportunity for an Article 32 type of
a hearing/investigation in every instance prior to referring a case for court-martial.
Q4.
Is there a statute of limitations for sexual assault against
members of the military? If so, what is the length?
A4
There is a two year statute of limitations overall for any
offense to be tried by a military courts martial.
Q5.

When was your UCMJ last updated?

A5
2011 was the last revision of the TCMJ which included the
incorporation of the Texas penal code into the punitive offenses.
Q6.
Are you currently pursuing any changes to your UCMJ in relation to
rape or sex assault?
A6
The changes were accomplished in 2011 when the provision to
incorporate the Texas Penal Code into the TCMJ punitive offenses was passed by the
State Legislature.
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

No.

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 - Yes.

Dishonorable Discharge - No. However, we have discharged members
through the administrative discharge process with other than honorable conditions
discharge. The reason for this is because most sexual assault cases with strong
evidence are prosecuted by civilian authorities.
Following a civilian prosecution, double jeopardy prevents the TXARNG from
initiating courts-martial.
Other type of discharge (please specify) - Other than honorable discharges
are usually assessed in the administrative discharge process.
Forced resignation - No.
Forced retirement - No.
Other (please specify)
Q9. What would your Guard unit like, that you do not have now, to help you
combat sexual assaults?
A9. Mandated programs lack the associated funding, both for training and
overhead requirements, to fully manage the programs. Regulations require
programs such as Sexual Harassment/Assault Response, Prevention Program and
Master Resilience Training to have qualified representatives in every unit down to
company level. The National Guard's funding allocation from DoD for these
programs does not adequately sustain specified requirements.
Q10. Anything else you would like to tell us about how your Guard unit investigates
and prosecutes sexual assault cases?
A10. Nothing additional to add at this time.