Military
Defense Lawyer (Former JAG Attorney) News:
Recently, a junior
enlisted military member defended by attorney Richard V. Stevens (Military
Defense Law Offices of Richard V. Stevens, P.C.) had the rape and sexual
assault case he faced dropped by the military before court-martial charges were
preferred (UCMJ Article 120).
The military client
was accused of, and investigated for, having sex with a civilian acquaintance
that he met online who claimed she did not consent. The complaining witness provided chat
communications to the military investigators to prove that she had met the
client on the night in question, but she conveniently did not turn over to
investigators the other chat communications with the client after the visit, in
which she told the client how much she enjoyed it, and that she wanted to do it
again later that week. Only after being ignored
by the client for the next month did she come forward claiming she was raped by
him. Based on the surrounding circumstances,
the client was initially placed into pretrial confinement. Defense counsel opposed the pretrial
confinement and made a submission on the client’s behalf, including the chat
communications that the complainant did not turn over. Considering that submission, the accused
client was released from pretrial confinement and the case was dropped right
before court-martial charges were supposed to be preferred against the client. He was cleared of the claim.
Had there been a
court-martial trial and sex crime conviction in this case, the client could
have been sentenced to a punitive discharge, a lengthy term of confinement in
prison and, in addition, he would have been required to register as a sex offender. Thankfully,
after exposing the complainant’s lies, the case was dropped and the client was
spared this risk of devastation to his future.
While this military
court-martial and sexual assault 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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