Bills targeting sexual assault procedures at Wisconsin National Guard receive public hearing

MADISON, Wis. (CBS 58) -- The Legislature is taking steps to advance a package of bills to address sexual assault and harassment allegations at the Wisconsin National Guard years after a troubling report found the Guard mishandled cases spanning over a decade.

A public hearing was held Wednesday on three bills a study committee began drafting last summer to provide clarity on sexual misconduct procedures to improve how the Wisconsin National Guard handles complaints.

The committee, composed of Democrats, Republicans, district attorneys, current and former military members, was created in July 2022. Members were asked to come up with recommendations for lawmakers to consider following a scathing 2019 report by the Federal Guard Bureau.

The Bureau's investigation found at least 33 sexual assault cases were mishandled by the Wisconsin Guard, others improperly investigated, and in some cases, officials failed to punish accusers for their actions between 2009 and 2019. In response, Wisconsin National Guard commander Maj. Gen. Donald Dunbar resigned at Gov. Tony Evers' request just hours before the report was released.

The Assembly Military Affairs Committee listened to testimony on the proposals seeking to bring change and begin the process of eventually holding votes on the floor.

One bill would require the Guard to submit an annual report to the governor to detail and track the number of sexual misconduct cases. They would also have to publish a policy online detailing the rights of victims to ensure they are treated with respect and dignity.

Another bill would clarify discrepancies between the Wisconsin Code of Military Justice (WCMJ) and the one used by all federal uniformed branches, known as the Uniform Code of Military Justice (UCMJ).

Wisconsin would adopt federal provisions to ban service members from engaging in sexual activity with soldiers or recruits. It would also clarify that consent is not a viable argument before a court.

Rep. Daniel Riemer, a Milwaukee Democrat who served on the study committee, said in addition, the bill would clarify that civilian authorities have primary jurisdiction to prosecute sexual misconduct and abuse.

He said updating these procedures would help remove roadblocks some face when seeking justice.

"A number of problems occurred because there was some ambiguity and confusion about what to do," Riemer said. "You want consistency for victims and the accused to understand their rights and have a sense of what their punishments will be. That's one way to deter wrongdoing, to make it clear and consistent."

The bills were introduced as sexual misconduct within the U.S military has been a problem for years. Officials have tried to combat sexual assault and bring awareness to the issue while at the same time struggling to meet recruitment goals.

Republicans and Democrats on the study committee said they understand these bills alone cannot stop sexual misconduct in the military, but they hope it will increase transparency and accountability.

"It's a long time coming," said Sen. Eric Wimberger (R-Green Bay), who served as a Captain in the U.S. Marine Corps. "I've been in contact with some of the victims who've been watching very intently on what's been going on…they seemed satisfied with what we've come up with. I think there's a lot of process being made."