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Thursday, March 06, 2014

Civilian Court-Martial Defense Lawyers: Air Force OSI Investigating Alleged False Rape Claim by Former Informant?


A shocking event is reportedly occurring in the Air Force.  It appears the Air Force OSI (Office of Special Investigations) is investigating a female Air Force member for an alleged possible false rape allegation!  The story appears in the Daily Beast here:

As you know, the topic of alleged rape and sexual assault in the military (UCMJ Article 120) is clearly the hottest topic in the military justice system.  Court-martial trials dealing with these allegations dominate the headlines and military legal defense practice.  And, there has essentially been a dramatic push to presume guilt in these cases and attempt to severely limit a military accused's right and ability to mount a defense in such a military trial.     

In fact, in a recent Air Force alleged rape case in which the Air Force JAG Article 32 Investigating Officer recommended not going forward to trial, and the Air Force JAG SJA recommended not going forward to trial, and the General Court-Martial Convening Authority (GCMCA, Lt Gen Craig Franklin) followed that advice and his own conscience and elected not to go forward to trial - the Air Force leadership took the case from the GCMCA and ordered a second Article 32 hearing because they seem to want there to be no discretion in the court-martial referral decision.  This prompted the premature retirement of the GCMCA.  See my blog post here:

So...  The fact that a female Air Force member is reportedly being investigated for an alleged false rape claim is staggering.  According to the story, at some point she served as an OSI informant, but at some disputed point she was relieved of that role.  It appears she is claiming that she was raped during the course of an undercover Air Force OSI investigation, yet they are now investigating her.  

However, now that the story has been reported in the press, I simply can't imagine that the Air Force will dare to take any adverse action against her claiming that her rape report was false.  Stay tuned on this...

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, you can type “rape” or “sexual assault” into the search bar above the blog posts.  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: 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. 


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