Military Defense Law Offices
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Rape, Sexual Assault, Sodomy (UCMJ Articles 120 and 125)

Richard Stevens
Military Defense Lawyer

Military Rape, Sexual Assault, Sodomy and Nonconsensual Sexual Misconduct Defense (UCMJ Articles 120 and 125)

In today’s military climate, there is an emphasis on prosecuting claims of rape, sexual assault and other nonconsensual sexual misconduct (UCMJ Article 120), such as:  aggravated sexual assault (adult or child), aggravated sexual contact (adult or child), aggravated sexual abuse of a child, abusive sexual contact (adult or child), indecent liberties with a child, indecent act, forcible pandering, wrongful sexual contact, and indecent exposure.  This also includes sodomy (UCMJ Article 125, which is undergoing DADT changes).   

The increased emphasis on these nonconsensual sex offense court-martial prosecutions, and the number of claims that are being highlighted by politicians, news stories and the military hierarchy, means that a military member facing these allegations must be prepared for a long, aggressive battle.  

In the most serious of these cases, the accused military members face extreme jeopardy – possible federal criminal conviction, lengthy jail terms, dishonorable discharge or dismissal, sex offender registration and a variety of other legal, professional, personal, and family consequences.  An experienced and aggressive defense attorney is absolutely vital in these military cases.

The current climate in the military has resulted in, essentially, a presumption of guilt and a surrendering of discretion in these cases – where more and more meritless allegations are being prosecuted in response to public relations pressure.  More disturbing is the fact that the DoD’s overreaction to public pressure has caused the service branches to conduct (often mandatory) sexual assault briefings in which misinformation about the law of adult rape and sexual assault in the military and UCMJ is knowingly being spread to the military populace.  This has poisoned the entire military justice process – from the investigators (Army CID, Air Force OSI, Navy NCIS, military police) through command, JAG, convening authorities, prosecutors, military judiciary and potential court-martial members (jury).  

As a result of this dangerous and unfair climate, a large percentage of the military cases we defend against involve claims of rape, sexual assault, and other alleged nonconsensual sexual misconduct/crimes.  Throughout the years, civilian court-martial defense attorney Richard V. Stevens has addressed his concerns about the military justice climate in adult rape and sexual assault prosecutions through complaints to the DoD Inspector General (IG), media interviews, and various blog postings and articles, including an article published by this website:

http://www.falserape.net/stevens_commentary.html

Our blog (www.militaryadvocate.blogspot.com) contains multiple posts about defending against allegations of rape, sexual assault and nonconsensual sexual misconduct in military court-martial trials and the military justice and discipline system, as well as posts about specific cases we’ve successfully defended against.  Just use the search function in the blog to review these posts.     

Richard V. Stevens and Frank J. Spinner are civilian criminal defense attorneys and former military JAG lawyers who exclusively practice military law and defend military members stationed around the world who are facing military trials, discipline and investigations.  For a free initial case consultation, please contact us.