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Friday, October 17, 2014

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: Military Member Found Not Guilty of All Charges and Specification at Military Sexual Assault Court-Martial Trial (UCMJ Article 120 and Article 134)

Military Criminal Defense Lawyer (Former JAG Attorney) News:

Recently, a military enlisted member who faced a court-martial trial in which he was accused of sexual assault of an acquaintance/co-worker and sexual harassment of the same individual was found not guilty of all charges and specifications at his military court-martial trial.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.). 

The military member was accused of sexual assault (abusive sexual contact, UCMJ Article 120) on three occasions and sexual harassment (sexual remarks, UCMJ Article 134) over the course of months.  The case was based solely on the word of the complainant.  At court-martial trial, the complainant was cross-examined about the work environment that she participated in, inconsistencies between her story and what she told others, and comments and behavior of hers that made no sense in light of the allegations she was making (including Snapchat activity, Facebook activity, and Twitter posts).  Ultimately, based on questions raised about the complainant’s credibility and the believability of her story, the accused military member was found not guilty of all charges and specifications (full acquittal). 

Had there been a conviction in the case, the military member could have been sentenced to significant jail time, a punitive discharge, reduction in rank to the lowest enlisted rank, forfeitures of all pay and allowances and, in addition, he would have been required to register as a sex offender. 

While this military court-martial 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, type “rape” or “sexual assault” into the search bar above the blog posts.  Also, see:

We offer free 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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