Just some background info, the Legislature decided that the Washington Code
of Military Justice should cover only "uniquely military offenses" (things
that
are a crime in the military that would not be a crime anywhere else; being
late for work, being disrespectful to your boss, having a relationship with
a subordinate). The Legislature wanted civilian authorities to continue to
investigate and prosecute all those offenses that are an offense in the
civilian world, (rape, murder, robbery, etc.).
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?
As the National Guard has no organization with authority (like Army CID or
Military Police Inspectors) to conduct law enforcement investigations into
reports of crimes, the Washington National Guard, like all other National
Guards, relies on civilian law enforcement agencies to investigate offenses
that happen off of federal installations. If a member of the Guard were to
report a crime that occurred on a federal installation that has exclusively
Federal jurisdiction over law enforcement (Joint Base Lewis - McChord,
Yakima Training Center, etc.) those offenses would be investigated by Army
CID or
by the FBI.
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.
There is no specific language in the State Code of Military Justice
regarding sexual assault.
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?
The Court Martial procedure for a General Court Martial tracks exactly the
procedure for courts martial in the Uniform Code of Military Justice. If a
charge is referred to a General Court Martial under the WCMJ, it will go to
an Article 32 hearing.
4.
Is there a statute of limitations for sexual assault against
members of the military? If so, what is the length?
Since sexual assault is not part of the WCMJ, offenses must be investigated
and prosecuted by civilian authorities, the statute of limitations is the

 same as it is under state law.
5.

When was your UCMJ last updated?

In 2009, the Legislature totally revised the Washington Code of Military
Justice. Prior to that, it was last revised in the 1980's.
6.
Are you currently pursuing any changes to your UCMJ in relation to
rape or sex assault?
The Legislature did not consider any changes to the WCMJ this year. We
don't anticipate any changes being made in the next session.
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, but that isn't surprising given that state law doesn't give us the
ability to investigate and prosecute criminal offenses that apply to all
Washington citizens. Those are reserved to civilian law enforcement and the
courts.
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, we have discharge members with an Under Other Than Honorable
characterization of service. We have also terminated civilian employees who
have been found to have committed the offense of sexual assault.
9.
What would your Guard unit like, that you do not have now, to help
you combat sexual assaults?
More full-time resources to help deal with the problem of sexual assault
would be helpful. Preventing and dealing with sexual assaults isn't a
part-time issue to victims or members of a unit affected by a sexual
assault. Thinking that those issues can be dealt with on drill weekends
alone is not realistic. It is a full-time issue that needs full-time
solutions.
10. Anything else you would like to tell us about how your Guard unit
investigates and prosecutes sexual assault cases?
The way Washington handles sexual assaults mirror the processed used in
nearly all the states. We use all the tools available to the Command to

 deal with sexual assault. We don't have the tools or authority to try to
duplicate the way the Active services investigate and prosecute sexual
assaults.

Thanks,
CPT Joseph Siemandel (MI)
State Public Affairs Officer
Washington National Guard
Commander, D/898 BEB (MICO), WAARNG