Junior Enlisted Military Member Has Sexual Assault Case Dropped (UCMJ Article 120)

Recently, a junior enlisted military member defended by attorney Richard V. Stevens had the sexual assault court-martial case he faced dropped by the military after a pretrial motion hearing (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly sexually assaulting his former wife. Their marriage ended badly, and the divorce was acrimonious. The complainant made a lengthy statement to military law enforcement investigators in which she claimed she was sexually assaulted on more than one occasion by the client. Charges were preferred against the client and the case proceeded past the Article 32 hearing and was referred to trial by general court-martial.

As the case proceeded toward the “felony” type military trial, the defense filed multiple motions that were heard during the pretrial motion hearing. These motions addressed the complainant’s background and issues regarding her credibility and reliability. Several of these motions were heard in closed motion hearing sessions. Shortly after the motion hearing concluded, and the case looked very different than it did during the military’s investigation, the government elected to drop the court-martial charges and sexual assault case against the client, and resolved the case with administrative action.

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a dishonorable discharge, a lengthy term of confinement in prison (possibly decades) and, in addition, he would have been required to register as a sex offender. Thankfully, the court-martial case was dropped and the client was spared this risk of devastation to his future.

While this military court-martial and sexual assault case was successfully defended, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial or case.

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, visit our page at https://militaryadvocate.com/military-offenses/sex-crimes/.

We offer free consultations for a case you may be involved in. Just call us.

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