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Saturday, April 21, 2007

Air Force Officer Represented by Frank Spinner Found Not Guilty of Rape

An Air Force officer, defended at court-martial by Frank Spinner, was recently found not guilty of the rape charge he faced. The accused officer was charged with raping a female officer stationed at the same base. The maximum authorized punishment for a rape conviction for either “defendant” would have been life in prison without the possibility of parole.

Similarly, none of the three most recent military rape cases defended by Richard Stevens have resulted in a conviction.

One of the cases against a noncommissioned officer was dropped on the eve of the pretrial Article 32 hearing when the defense presented significant information learned during our investigation of the case, one of the cases against another noncommissioned officer was dropped after a litigated (contested) Article 32 hearing, and the third military rape case proceeded to trial by court-martial. In that case, the “defendant,” a military officer accused of rape by a fellow female officer acquaintance, was found not guilty by an officer panel (“jury”). As described above, the maximum authorized punishment for a rape conviction in any of those court-martial cases would have been life in prison without the possibility of parole.

While these rape court-martial cases were 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. For more information on the military justice system, please see our other blog posts.

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

Blog postscript: Attorney Frank Spinner and I (attorney Richard 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. 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 & The Law Office of Frank J. Spinner for a free consultation.

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