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.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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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/