Sexual Assault Case Dropped for Enlisted Member
Recently, a junior enlisted military member defended by attorney Richard V. Stevens had the rape and sexual assault case he faced dropped by the military before court-martial charges were preferred (UCMJ Article 120).
The military client was accused of, and investigated for, having sex with a civilian acquaintance that he met online who claimed she did not consent. The complaining witness provided chat communications to the military investigators to prove that she had met the client on the night in question, but she conveniently did not turn over to investigators the other chat communications with the client after the visit, in which she told the client how much she enjoyed it, and that she wanted to do it again later that week. Only after being ignored by the client for the next month did she come forward claiming she was raped by him. Based on the surrounding circumstances, the client was initially placed into pretrial confinement. Defense counsel opposed the pretrial confinement and made a submission on the client’s behalf, including the chat communications that the complainant did not turn over. Considering that submission, the accused client was released from pretrial confinement and the case was dropped right before court-martial charges were supposed to be preferred against the client. He was cleared of the claim.
Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge, a lengthy term of confinement in prison and, in addition, he would have been required to register as a sex offender. Thankfully, after exposing the complainant’s lies, the 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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