Rape and Sexual Assault Allegations in the Military, Part 3 – False Rape Claims Do Occur
To ensure that my perspective is fully understood, I will begin this post with the same preface as before:
Nothing in this blog series should be misconstrued as suggesting that I believe all rape or sexual assault allegations in the military are false or that raising the issues I’m about to discuss disrespects women (admittedly women are not the only alleged victims of rape and sexual assault, but they make up the vast majority). Neither interpretation could be farther from the truth. I have female friends and family members who proudly serve in the military and who agree with my views on this topic. I have also advised/represented women in the military who have alleged rape against other military members. Each case is different and the individuals involved in each case are different. It is important not to be quick to judge or vilify someone for raising legitimate concerns about how the military justice system handles these cases.
This blog post also is not meant to suggest that no military commander, staff judge advocate, prosecutor or other member of the military justice system handles rape cases fairly and appropriately. That too would be an erroneous conclusion. Those cases, however, are beginning to fall into the “exception” category, rather than the “rule.”
The issue for this post is that false claims of rape and sexual assault do occur within the military (and civilian communities). To accept the proposition that a rape claim must be true because no one would subject themselves to the difficulties that rape victims might experience is the first step in convicting an innocent person.
There are a wide range of motives to make a false allegation of rape or sexual assault. Guilt and confusion after a night of drinking. Avoiding a boyfriend or husband’s reaction to unfaithfulness. Shielding oneself from the consequences of one’s own misconduct. Protecting one’s reputation from the “promiscuous” label. Anger over a sexual encounter not blossoming into a long term relationship as expected. These are just some of the examples Frank Spinner (of counsel) and I (attorney Richard Stevens) have seen in our travels through the military legal system.
The numbers or percentages of false rape or sexual assault claims are extremely difficult to quantify. Just enter the terms “false and rape” into Google or another search engine and you can read this for yourself. Here are some examples:
http://www.falserape.net/
http://www.falserape.net/false-rape.htm
http://www.falserape.net/falserapeafa.htm
http://www.falserape.net/four_disney_employees_exonerated.html
http://www.falserape.net/research_shows_false.html
http://www.independent.org/newsroom/article.asp?id=1719
http://www.foxnews.com/story/0,2933,153969,00.html
http://archives.cjr.org/year/97/6/rape.asp
I could provide you with so many case examples of false rape and sexual assault allegations that you would eventually scream “I get it already!” and quit reading this blog. So, I will just choose two examples from military cases to prove the point.
A young military man and a young military woman had sex one night. The young woman had been interested in the young man. The young woman made no claim of rape that night. Immediately after that night, the young woman did not say anything, or act, as if she had been assaulted by the young man. The witnesses reported that she was happy and was still interested in the young man. As time progressed, that changed. The young woman became unhappy and angry toward the young man. She accused him of raping her that night. She became an “alleged victim.”
Despite the lack of physical evidence and the statements of the witnesses describing the alleged victim after the night in question, charges were brought and the young man was court-martialed. The young man had no prior history and was ably defended at trial. The defense argued that the alleged victim wanted more than a one night stand, and became angry and disillusioned when the young man did not pursue a relationship with her. The jury returned in less than an hour. An acquittal was expected. Instead, the young man was convicted of rape. In less than an hour a weak case based solely on the word of this alleged victim, who had a motive to lie, resulted in a military rape conviction.
Here’s where fate and extreme good luck stepped in to prevent a tragedy. Normally, after a court-martial conviction the case proceeds immediately to the sentencing phase. In this case, there was a brief break after the conviction. During the break, one of the alleged victim’s closest friends came forward and said the alleged victim had told her the sex was consensual. The alleged victim’s diary had been turned over during the investigation, but entries regarding the night in question were absent. During the post-conviction break, military investigators received authority to search the alleged victim’s car. In her car trunk were the missing pages of her diary. In those pages she details how the sex was consensual and that she became increasingly angry that the young man did not call her or pursue a relationship thereafter. Further, the alleged victim described how she enjoyed the attention she was receiving as a “victim,” particularly when she testified in the pretrial hearing. The government dropped the charges/conviction against the young man. The alleged victim was never charged. How did a weak case against an innocent young military man get charged and tried and result in a conviction in less than an hour??
Here is another example:
A young military woman had sex one night with two young military men. It was a “threesome.” It was also videotaped. The young woman made no claim of rape that night. Eventually, she learned that the young men were spreading the news of the threesome among their group of friends. The young woman claimed rape. She was now an “alleged victim.” The video could not be found. Based on the alleged victim’s word, the two young men were charged with rape. As the case proceeded toward court-martial the investigators recovered the video tape. On the tape was a very obviously consensual sexual encounter between the three parties. Charges were dropped shortly before trial was set to begin. Again, a lucky break on the eve of disaster.
Do false rape and sexual assault claims happen? Yes, of course they do. I’m not sure the numbers or percentages are important. People are being falsely accused of crimes they did not commit and are facing trials, convictions, and sentences. These innocent people are facing a profound change in the course of the rest of their lives. The two examples above illustrate situations in which the false claims were discovered in the nick of time. How many other defendants were not so lucky? How many did not have the truth uncovered?
More to come…
By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com
Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation.
To ensure that my perspective is fully understood, I will begin this post with the same preface as before:
Nothing in this blog series should be misconstrued as suggesting that I believe all rape or sexual assault allegations in the military are false or that raising the issues I’m about to discuss disrespects women (admittedly women are not the only alleged victims of rape and sexual assault, but they make up the vast majority). Neither interpretation could be farther from the truth. I have female friends and family members who proudly serve in the military and who agree with my views on this topic. I have also advised/represented women in the military who have alleged rape against other military members. Each case is different and the individuals involved in each case are different. It is important not to be quick to judge or vilify someone for raising legitimate concerns about how the military justice system handles these cases.
This blog post also is not meant to suggest that no military commander, staff judge advocate, prosecutor or other member of the military justice system handles rape cases fairly and appropriately. That too would be an erroneous conclusion. Those cases, however, are beginning to fall into the “exception” category, rather than the “rule.”
The issue for this post is that false claims of rape and sexual assault do occur within the military (and civilian communities). To accept the proposition that a rape claim must be true because no one would subject themselves to the difficulties that rape victims might experience is the first step in convicting an innocent person.
There are a wide range of motives to make a false allegation of rape or sexual assault. Guilt and confusion after a night of drinking. Avoiding a boyfriend or husband’s reaction to unfaithfulness. Shielding oneself from the consequences of one’s own misconduct. Protecting one’s reputation from the “promiscuous” label. Anger over a sexual encounter not blossoming into a long term relationship as expected. These are just some of the examples Frank Spinner (of counsel) and I (attorney Richard Stevens) have seen in our travels through the military legal system.
The numbers or percentages of false rape or sexual assault claims are extremely difficult to quantify. Just enter the terms “false and rape” into Google or another search engine and you can read this for yourself. Here are some examples:
http://www.falserape.net/
http://www.falserape.net/false-rape.htm
http://www.falserape.net/falserapeafa.htm
http://www.falserape.net/four_disney_employees_exonerated.html
http://www.falserape.net/research_shows_false.html
http://www.independent.org/newsroom/article.asp?id=1719
http://www.foxnews.com/story/0,2933,153969,00.html
http://archives.cjr.org/year/97/6/rape.asp
I could provide you with so many case examples of false rape and sexual assault allegations that you would eventually scream “I get it already!” and quit reading this blog. So, I will just choose two examples from military cases to prove the point.
A young military man and a young military woman had sex one night. The young woman had been interested in the young man. The young woman made no claim of rape that night. Immediately after that night, the young woman did not say anything, or act, as if she had been assaulted by the young man. The witnesses reported that she was happy and was still interested in the young man. As time progressed, that changed. The young woman became unhappy and angry toward the young man. She accused him of raping her that night. She became an “alleged victim.”
Despite the lack of physical evidence and the statements of the witnesses describing the alleged victim after the night in question, charges were brought and the young man was court-martialed. The young man had no prior history and was ably defended at trial. The defense argued that the alleged victim wanted more than a one night stand, and became angry and disillusioned when the young man did not pursue a relationship with her. The jury returned in less than an hour. An acquittal was expected. Instead, the young man was convicted of rape. In less than an hour a weak case based solely on the word of this alleged victim, who had a motive to lie, resulted in a military rape conviction.
Here’s where fate and extreme good luck stepped in to prevent a tragedy. Normally, after a court-martial conviction the case proceeds immediately to the sentencing phase. In this case, there was a brief break after the conviction. During the break, one of the alleged victim’s closest friends came forward and said the alleged victim had told her the sex was consensual. The alleged victim’s diary had been turned over during the investigation, but entries regarding the night in question were absent. During the post-conviction break, military investigators received authority to search the alleged victim’s car. In her car trunk were the missing pages of her diary. In those pages she details how the sex was consensual and that she became increasingly angry that the young man did not call her or pursue a relationship thereafter. Further, the alleged victim described how she enjoyed the attention she was receiving as a “victim,” particularly when she testified in the pretrial hearing. The government dropped the charges/conviction against the young man. The alleged victim was never charged. How did a weak case against an innocent young military man get charged and tried and result in a conviction in less than an hour??
Here is another example:
A young military woman had sex one night with two young military men. It was a “threesome.” It was also videotaped. The young woman made no claim of rape that night. Eventually, she learned that the young men were spreading the news of the threesome among their group of friends. The young woman claimed rape. She was now an “alleged victim.” The video could not be found. Based on the alleged victim’s word, the two young men were charged with rape. As the case proceeded toward court-martial the investigators recovered the video tape. On the tape was a very obviously consensual sexual encounter between the three parties. Charges were dropped shortly before trial was set to begin. Again, a lucky break on the eve of disaster.
Do false rape and sexual assault claims happen? Yes, of course they do. I’m not sure the numbers or percentages are important. People are being falsely accused of crimes they did not commit and are facing trials, convictions, and sentences. These innocent people are facing a profound change in the course of the rest of their lives. The two examples above illustrate situations in which the false claims were discovered in the nick of time. How many other defendants were not so lucky? How many did not have the truth uncovered?
More to come…
By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com
Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation.
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