Below are the responses corresponding to each question for the Utah National
Guard per your request.
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?
Yes- However, we also rely on the Office of Complex Investigations (OCI) if
local law enforcement declines prosecution. The OCI provides the Adjutant
General with a funded cadre of independent and unbiased investigators
trained to handle sexual assault allegations.
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.
No- The Utah Code of Military Justice does not have any specific language
regarding investigating or prosecuting sexual assault cases. We utilize
local state criminal code for sexual assault definitions.
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?
No- The Utah Code of Military Justice does not have an Article 32 hearing
equivalent.
4.
Is there a statute of limitations for sexual assault against
members of the military? If so, what is the length?
The Utah criminal code has a statute of limitations which is dependent on
the specific sexual assault offense alleged.
5.

When was your UCMJ last updated?

2015
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. Serious offenses, such as sexual assault, are investigated and tried
by local 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?
GOMAR and/or letters or reprimand
Yes
Dishonorable Discharge
No
Other type of discharge (please specify)
Yes - administrative discharge with characterization of service as 'other
than honorable.'
Forced resignation
No
Forced retirement
No
Other (please specify)
Article 15, non-judicial punishment with reduction in rank.
9.
What would your Guard unit like, that you do not have now, to help
you combat sexual assaults?
The Utah National Guard holds all perpetrators of sexual assault accountable
for their actions. Local law enforcement and the Office of Complex
Investigations have been crucial in assisting in the accountability process.
Due to the seriousness of the crime and top priority from our adjutant
general, we are receptive to any additional resource/element that would
support the Utah National Guard commanders in holding perpetrators
accountable that would positively impact the fight against sexual assault
within our ranks.
10. Anything else you would like to tell us about how your Guard unit
investigates and prosecutes sexual assault cases?
The Utah National Guard takes all allegations of sexual assault seriously
and is committed to eliminating incidents of sexual assault from within our
ranks. Our ongoing efforts in this regard involve senior leader engagement,
increasing awareness, improving understanding of the issue, providing
effective intervention methods for fellow Soldiers and Airmen, and most
importantly, by holding offenders accountable.

 LTC Steven Fairbourn
Utah National Guard Public Affairs