SEXUAL ASSAULT Military Criminal Lawyers

Sexual Assault Military Criminal Lawyers

Being accused of sexual assault in the military can be an incredibly traumatic experience. Not only are you facing serious criminal charges, but your military career and reputation are on the line. That’s why it’s critical to have an experienced military criminal defense lawyer on your side if you are facing court martial for sexual assault.

In this article, we’ll provide an overview of sexual assault charges in the military, the potential penalties, and how an attorney can defend you. We know this is a sensitive topic, so we’ll try to cover it with care and empathy.

Sexual Assault Charges in the Military

Sexual assault charges fall under Article 120 of the Uniform Code of Military Justice (UCMJ). This article covers rape, sexual assault, aggravated sexual contact, and abusive sexual contact. Some key things to know:

• Rape involves penetrating someone by force, threat of force, or when they are unconscious or otherwise unable to consent.
• Sexual assault is threatening someone to engage in a sexual act, causing bodily harm, or committing sexual acts by abusing one’s professional position.
• Aggravated sexual contact is touching someone’s private areas by force, threat, or when they cannot consent.
• Abusive sexual contact is touching someone’s private areas without their consent in a sexual way.

The military takes sexual assault charges very seriously, given recent high-profile cases and pressure from Congress. Prosecutions have increased over 300% from 2010 to 2020[1].

Penalties for Sexual Assault in the Military

If convicted at a court martial, penalties for sexual assault can include:

• Dishonorable discharge
• Forfeiture of pay and allowances
• Reduction in rank
• Substantial prison time – even life sentences for rape

You will also have to register as a sex offender. And you may lose your VA benefits and be prohibited from owning firearms. Simply put, a sexual assault conviction can ruin your life.

How a Military Lawyer Can Defend You

Given the severe consequences, it is critical to have an experienced military defense lawyer represent you from the very start. Do not say anything to investigators without your attorney present. Here are some ways we defend sexual assault cases:

• Challenge the credibility of the accuser – their motivations, inconsistencies in their story, etc.
• Raise consent as a defense if applicable
• Challenge if force or threat of force was used
• Argue the touching was incidental and not sexual
• Claim false accusations and mistaken identity
• Challenge if the accuser was truly unable to consent
• Suppress evidence improperly obtained by investigators

An aggressive defense will scrutinize every detail of the allegations to poke holes in the prosecution’s case. We have seen many sexual assault cases fall apart once all the evidence is reviewed.

Recent Changes Impacting Sexual Assault Prosecutions

Some recent reforms have made prosecuting sexual assault easier for the military:

• Independent prosecutors – In the past, unit commanders decided whether to prosecute. But now independent judge advocates make this decision for felony cases like sexual assault[2].
• Limits on character evidence – New rules make it harder for the defense to introduce evidence of an accuser’s sexual history[3].
• Harsher sentencing – Courts martial must hand down a dismissal or dishonorable discharge for those convicted of sexual assault[3].

While meant to deliver justice for victims, these changes can tip the scales against the accused. It makes having a dedicated defense attorney all the more important.

Why Choose a Military Law Firm?

If you are facing sexual assault charges, it is critical to have an attorney who understands military law and process. Civilian criminal lawyers simply don’t have the experience with courts martial. Key reasons to choose a military law firm:

• We know the complexities of Article 120 charges
• We have relationships with military prosecutors and judges
• We understand how convening authorities make decisions
• We have experience with the military justice system
• We know how to work with JAGs and military investigators
• We have defended these cases and achieved acquittals and dismissals

Don’t leave your military career in the hands of a civilian lawyer. Hire an experienced military law firm to aggressively defend you against sexual assault charges.

What to Do If You Are Under Investigation

If military investigators want to question you about sexual assault allegations, you need to exercise your right to remain silent. Say nothing until you have an attorney representing you. Be polite, but firm you want counsel present. Do not try to explain away the allegations or talk yourself out of trouble.

Hire a military law firm immediately so your attorney can start investigating the allegations and building your defense. We will examine if proper procedures were followed in the investigation. Any missteps can provide opportunities to get evidence thrown out or charges dismissed.

With an early and aggressive defense, we can try to prevent charges from even being filed in the first place. Don’t wait until you are formally charged – that makes defending you much harder.

The Attorneys You Want in Your Corner

Facing sexual assault accusations in the military is frightening. But you are not alone – we are here to defend you and protect your rights. Our attorneys have the experience, tenacity and commitment to safeguard servicemembers like you.

We have an in-depth understanding of military law and sexual assault cases. Trust us to build the strongest defense on your behalf. Every case is different, but our track record of success speaks for itself.

Don’t leave this to chance. Contact our office today for a free case evaluation. Let’s start crafting your defense strategy immediately.

References

[1] https://www.rainn.org/statistics/criminal-justice-system

[2] https://www.defense.gov/News/News-Stories/Article/Article/3100829/new-law-will-reform-how-military-prosecutes-sexual-assault-other-felonies/

[3] https://www.militarytimes.com/news/your-military/2021/12/28/controversial-changes-to-military-sex-assault-prosecutions-signed-into-law/