No criminal charges for mishandled Wisconsin National Guard sexual assault cases, state justice department says

This story was republished on Jan. 5, 2022 to make it free for all readers  

No criminal charges will be filed for 33 sexual assault cases mishandled by the Wisconsin National Guard, but the state Department of Justice says changes are needed to prevent future problems. 

The department on Thursday issued the results of its 18-month review of National Guard sexual assault cases in which it examined botched investigations dating from 2009 to 2019. The agency, which does not file its own criminal charges in such instances, said it examined the Guard's case files and referred them to local district attorneys, who ultimately declined to prosecute.  

“Regardless of whether there is ultimately a prosecution, it’s important for our system of justice that when there are allegations made there is a full and thorough review that takes place," Wisconsin Attorney General Josh Kaul said in an interview Wednesday. "We wanted to ensure that kind of review happened.”

The agency review followed a 2019 investigation by the federal National Guard Bureau that found at least 33 sexual assault cases had been mishandled by the Wisconsin Guard. The Guard had been improperly investigating sex assault allegations for years, failing to track such cases and punish some perpetrators.

The Guard Bureau investigation came after the Cap Times and Milwaukee Journal Sentinel found the Guard was violating state and federal rules by discouraging victims from going to police and conducting internal investigations into allegations of sexual assault. 

Former Wisconsin Guard chief Maj. Gen. Donald Dunbar was fired in 2019 over the Guard Bureau findings, and Gov. Tony Evers directed the Wisconsin Guard to implement a series of reforms. The justice department review only included cases that occurred prior to 2019. It did not review how or whether Guard changes implemented since then have affected how sexual assaults are investigated.

The Justice Department made several recommendations for the Guard and state lawmakers stemming from its review, including curbing excessive alcohol consumption among soldiers, clarifying rules related to romantic relationships between Guard members and putting victims at the center of investigations with clear, consistent communication and legal representation. 

“We want to identify issues that arose as this review was being conducted that we saw and wanted to alert policymakers to,” Kaul said. “It’s important that our legislators be engaged on these issues and that they are reviewing the policies in place and making sure they are appropriate.”

Despite the investigations that have highlighted the need for reform, legislators in Wisconsin have not updated the state’s military law, called the Wisconsin Code of Military Justice, to align it with national standards for addressing sexual assault, victims' rights and discrimination, and other crimes within the force. 

Meanwhile, federal lawmakers have pushed for changes and more funding for the Guard and pledged to hold Congressional hearings. Following the Cap Times/Journal Sentinel investigation in March, Wisconsin Sen. Tammy Baldwin called on the Guard to expand military whistleblower protections for its members and boost funding for federal investigations of state Guard sexual assault cases. U.S. Rep. Jackie Speier of California said she would hold hearings this fall on the Guard’s distinct challenges with sexual assault.

Alcohol was a factor in many of the cases the Department of Justice reviewed, the agency said. While drinking among members can often occur off-base during drill weekends and annual training exercises, the Guard also sponsors holiday gatherings and parties where alcohol is sometimes provided, according to Guard records reviewed by the Journal Sentinel. 

The dangers associated with excessive drinking should “be taken into account and regularly emphasized, including through trainings and in the review and approval” of holiday and special Guard events, according to the agency's findings.

The agency also found failures in keeping victims updated about their cases, noting that Guard attorneys for victims could change repeatedly.  

The same attorneys should remain with the victims throughout their cases, and the victims should have the opportunity to ask questions and offer input, the agency said. 

Katelyn Ferral is an investigative reporter at the Journal Sentinel. Email her at kferral@gannett.com.