Junior Enlisted Military Member Has Sexual Assault Court-Martial 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 and physically assaulting his former wife. Their on and off again relationship and marriage finally ended badly, and the complainant made her allegations against the client, as divorce and child custody issues were pending. She claimed she had been physically and sexually assaulted by the client during the marriage. Court-martial 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, many of which raising issues about the complainant’s credibility and motives. Just weeks away from the motion hearing and trial, the complainant supported an alternative disposition for the case. The government, therefore, dropped 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 he 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, see our page at: https://militaryadvocate.com/military-offenses/sex-crimes/.
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