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Friday, August 17, 2007


Another blog post about military rape and sexual cases? Yes, I (attorney Richard Stevens) know that I have already authored several posts on the subject. I just felt this was another post that was worthwhile. I must think it’s worthwhile, because, as a graduate of the University of North Carolina (both undergrad and law school), I am directing you to a publication from Duke University (our rival to the bitter end). But, I digress…

In May 2007, the Duke Journal of Gender Law and Policy published a volume addressing “Gender, Sexuality and the Military.” That volume can be found at:

This publication includes many interesting articles and perspectives about gender issues in the military, to include issues regarding rape and sexual assault cases in the military. In particular, there is an article entitled “Military Sex Scandals From Tailhook To The Present: The Cure Can Be Worse Than The Disease” by Kingsley R. Browne. That article can be found at:

In the article, Mr. Browne looks at various “sex scandals” that have occurred in the military, to include Tailhook, Aberdeen Proving Grounds, the Air Force Academy, the case of Bryan Black and the case of Lamar Owens. One of the points he makes is that:

“When (sexual scandals in the military) occur, the typical response has been to label men as "predators" and women as "victims," to impose often draconian punishments, and to increase the amount of diversity and sexual-harassment training.”

“The core lesson that the military and its civilian overseers need to take to heart is this: extraordinary attempts to "help" women ultimately harm their position within the military. Military women are not helped when false charges of sexual assault are overlooked.”

This article is an interesting, and I believe important, read for anyone involved in this issue, including military commands, military prosecutors and military law enforcement and investigative units.

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.

1 comment:

CoRev said...

I have already read it. It defines well the Navy cases with which I am familiar. It did not address the USNA Kenny Ray Morrison case. Charges originally filed in civilian jurisdiction. They had too little evidence to procedd, so handed over to the USNA. They on the other hand were able to find enough evidence to Courts Martial. A real muck up on the USNA side, but they did eventually convict of a sex act not rape.

Zero tolerance for sexual assault and harassment = undue command influence, especially when the policy maker is also the convening authority.