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Friday, March 21, 2014

Civilian Court-Martial Defense Lawyers: Thank You Professor Anne Hendershott for a Thoughtful Article on Rape and Sexual Assault Court-Martial Cases in the Military Justice System (UCMJ Article 120)


In the ongoing public debate over rape and sexual assault allegations and court-martial cases in the military and the military justice system (UCMJ Article 120), which is often led by the loud voices of those who are ill informed but motivated by strong agendas (not least of which is political capital), a new editorial article has been written by Professor Anne Hendershott which all those in Congress, other government agencies, and, of course, the military need to read and consider – particularly given the recent results in the Sinclair and Tate cases (discussed in separate blog post).   

Professor Hendershott teaches sociology and is the Director of the Veritas Center for Ethics in Public Life at the Franciscan University of Steubenville, Ohio.  Her article appears in the Washington Times, here: 

Some of the highlights of her article include: 

“Citing a non-scientific survey of sexual assault in the military, the Pentagon issued a flawed report, which claimed that 26,000 service members were sexually assaulted last year. Panicked prosecutors and military leaders have responded by initiating some of the most preposterous prosecutions we have seen since the tide of false sex abuse allegations on college campuses reached its height a decade ago.” 

“Politics always plays the pivotal role in any moral panic. Exaggerated claims by advocates like Ms. Gillibrand and her date-rape industry supporters are coupled with incendiary headlines in the media. Promoting the panic, the New York Times editorialized that the sexual assaults are the result of the “military’s entrenched culture of sexual violence.” 

“Those who dare to question the extent of the military’s epidemic of sexual assault are vilified…” 

“The real problem with the expanded definition of “sexual assault” is that it actually ends up removing power from women. It creates instead, female children unable to stand up for themselves and in need of protection by the now-entrenched sex codes created by college campus feminists, which have now been deployed to promote the panic in the military. As long as victims of sexual assault are venerated, it should not surprise anyone that allegations will continue to increase — and that the accusations will be confabulated.”

“It is likely that this moral panic will continue to grow as the sexual assault-industry will help to create an unending supply of female victims in the military" 

It is nice to have a strong, intelligent, female voice and perspective to counter the drone of Senators Gillibrand, McCaskill, Rep. Speier, and others.

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts.  See also: 

We offer free initial consultations for a case you may be involved in.  Just call us.

Thank you.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. 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 and military justice. 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 and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.

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