Recently, a military officer
defended by attorney Richard V. Stevens (Military Defense Law Offices of
Richard V. Stevens, P.C.) had the forcible rape allegation and military
court-martial case he faced dropped (UCMJ Article 120).
The officer client was
accused of forcibly raping, and injuring, a civilian acquaintance. He was represented by attorney Richard V. Stevens
from the date he was charged until his case was dropped. The officer client was charged with forcible
rape by the military and faced an Article 32 hearing. At the Article 32 hearing, the defense called
multiple witnesses and presented considerable evidence regarding the lack of
credibility and motives of the complaining witness. This was followed by a lengthy written
argument about these topics.
After considering the
testimony and evidence in the case, the senior military JAG officer who served
as the Article 32 Preliminary Hearing Officer (PHO) found that no probable
cause existed that the officer committed the alleged forcible rape and
recommended the case be withdrawn and dropped, rather than proceed to trial by
general court-martial. The military
followed this recommendation and withdrew the charge and dropped the case.
Had there been a
court-martial trial and sex crime conviction in this case, the client could
have been sentenced to a dismissal (dishonorable discharge), life or decades in
prison and, in addition, he would have been required to register as a sex
offender. Thankfully, the case was dropped and he was spared this
devastation to his future. He can now
move on from this case without the stigma of a sexual assault conviction which
would have affected the remainder of his life.
While this military
court-martial and rape 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 and 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: I (attorney Richard V. Stevens) am a former active duty military
lawyer (JAG). My perspectives and advice, therefore, are based upon my
experience as military defense lawyer and as a civilian criminal defense lawyer
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 for a free consultation. These military defense law offices are
located in the Washington DC, Northern Virginia, Maryland, National Capital
Region (NCR), but the military defense representation is worldwide – when
necessary, the attorneys travel to wherever the client is stationed around the
world.
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