Rape, Kidnapping and Sexual Assault Charges and Court-Martial Dropped for Enlisted Military Member Defended by Attorney Richard V. Stevens

Recently, an enlisted military member facing court-martial charges/allegations of rape, kidnapping, sexual assault, sexual misconduct and other accusations had the charges and court-martial dropped by the government in favor of an administrative resolution. The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

Originally, the accused faced 5 charges and 9 specifications in which the government claimed he raped and attempted forced sodomy on one minor; raped multiple times, committed sodomy with and kidnapped another minor; committed indecent acts with a 16 year old, possessed illegal pornography and consumed alcohol underage. These allegations were aggressively defended against at the pretrial Article 32 hearing, resulting in dismissal of 4 of the 9 specifications. During the hearing, significant issues/information calling into question the credibility of the accusers and their claims were uncovered. Even though 4 specifications were dismissed after the Article 32 hearing, the maximum authorized punishment for a court-martial conviction on the most serious of the remaining specifications would have included life in prison and dishonorable discharge.

As the case proceeded and the trial date approached, more information calling into question the credibility of the accusers and their claims was uncovered. At that point, the government accepted an offer to dispose of the case administratively, and drop the court-martial trial.

For clients represented/defended by attorney Richard V. Stevens, that brings to fourteen (14) the number of military rape, sexual assault and sexual offense cases in just the last few years which did not result in a court-martial conviction for the government – either because the case was dismissed/dropped or because the client was found not guilty (complete acquittal). Please see previous blog posts for descriptions of those cases.

While this latest criminal 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. For more information on the military justice system, please see our other blog posts.

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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.