College campuses are struggling with the same issues
faced by military culture. The political
crusade to stop rape and sexual assault – while certainly a laudable goal – has
exceeded the bounds of reason and common sense.
There are false public narratives about sex and alcohol. There are manipulated statistics. There is blurring of lines between regret
born from poor judgment and actual lack of consent. There are efforts to diminish the rights of
the accused. There are mantras to “believe
the victim” when our American criminal justice systems are based on the
presumption of innocence. And there are
the politicians, like Senator Gillibrand, leading the charge from a very skewed
and politically advantageous perspective.
The drumbeat for reform is drowning out the need for a
measured, effective, and Constitutional approach to the issue.
That drumbeat of “you must believe the victim” recently
swallowed up Rolling Stone, in their reporting of an alleged gang rape at a
University of Virginia fraternity. The
story “A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA” has
been the subject of considerable news coverage.
Now, an independent review of the story conducted by the Columbia
Graduate School of Journalism, at the request of Rolling Stone, has criticized the
reporting and editing of the now discredited story, according to:
With the military
justice system reeling under attacks by politicians, lawmakers, advocacy
groups, the press, and others who seek to limit the ability of military
defendants to investigate the allegations against them and to present
their defense at trial, cautionary tales like what happened with this article show
why it is so important…
- To slow
down, not to rush to conclusions that support, or are born out of, a preferred
narrative.
- That there
be checks and balances to ensure the State (the government, the prosecution -
military or civilian) does not have unfair advantage and free reign to convict
and jail American citizens.
- That, particularly in military rape and sexual assault cases and courts-martial, we stop hearing from those on the government side that they claim to know, and have determined, what happened behind closed doors - as if they are human lie detectors and are omniscient.
- That we recognize
that false confidence that the prosecutor (or politicians or the press) “knows
what happened and knows the truth” can cause individuals in positions of
authority - such as prosecutors, legal advisers, etc. - to act in
questionable ways because they believe they wear the “white hats” and/or
the “ends justify the means.” That is
not, nor can it ever be, the case.
The loudest of the politicians are either too eager to lead the charge, or they just don’t care, about the cautions addressed above. They just press forward with the misguided narrative that military defendants (the accused) are presumed to be guilty and the military justice system needs to be changed so that conviction and harsh sentence statistics are increased.
The loudest of the politicians are either too eager to lead the charge, or they just don’t care, about the cautions addressed above. They just press forward with the misguided narrative that military defendants (the accused) are presumed to be guilty and the military justice system needs to be changed so that conviction and harsh sentence statistics are increased.
That narrative included signs hung all over military installations that
read: “Believe the Victim.” If we just
blindly believe an allegation without appropriately investigating it, we end up
with stories like the Rolling Stone story, and innocent men being convicted at
trial.
As I have argued in previous blog posts:
No one knows when this crusade to “fix” the military justice system will end, but the goal of the crusaders certainly is not justice, nor is it fairness, nor is it supporting and defending the Constitution of the United States. The goal of the crusaders is prosecution victory. Period. That is a very dangerous perspective, as seen in this Rolling Stone article.
As I have argued in previous blog posts:
No one knows when this crusade to “fix” the military justice system will end, but the goal of the crusaders certainly is not justice, nor is it fairness, nor is it supporting and defending the Constitution of the United States. The goal of the crusaders is prosecution victory. Period. That is a very dangerous perspective, as seen in this Rolling Stone article.
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.
http://www.militaryadvocate.com
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
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.
No comments:
Post a Comment