Another Junior Enlisted Military Member Has Sexual Assault Case Dropped (UCMJ Article 120)
Recently, another 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 and physically assaulting his former military girlfriend. Their relationship ended badly, and the complainant began dating another co-worker. She then made her formal complaints that she was physically and sexually assaulted by the client during the relationship. 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. Some motions were heard in a closed motion hearing session. After the motion hearing concluded, the case looked very different than it did during the military’s investigation. Still, the case proceeded toward trial. On the week before trial, with the motion rulings pending, the government elected to drop the court-martial charges and case against the client, and resolved the case with administrative action instead.
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/.
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