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Friday, September 19, 2014

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: Military Rape and Sexual Assault Cases (UCMJ article 120) – Article about False Rape Allegations




Military Criminal Defense Lawyer (Former JAG Attorney) News: 

Thank you Cathy Young.  In a thought provoking Article in Slate.com, Cathy Young addresses false rape allegations.  See Slate.com article here:


The article includes the following excellent points:

In challenging “the myth of the lying woman,” feminists have been creating their own counter-myth: that of the woman who never lies.”

“…seeking justice for female victims should make us more sensitive, not less, to justice for unfairly accused men. In practical terms, that means finding ways to show support for victims of sexual violence without equating accusation and guilt, and recognizing that the wrongly accused are real victims too. It means not assuming that only a conviction is a fair outcome for an alleged sex crime. It means, finally, rejecting laws and policies rooted in the assumption that wrongful accusations are so vanishingly rare they needn’t be a cause for concern. To put it simply, we need to stop presuming guilt.”

It is a true shame that reasonable, intelligent voices like Cathy Young’s are drowned out in the one-sided “debate” regarding rape and sexual assault allegations in the military justice system (UCMJ Article 120).  Just as Cathy Young discusses in her article, the slanted public narrative regarding the military justice system is that there is an “epidemic” of rape within the military ranks, and the military justice system was failing to address it, as evidenced by dropped charges, acquittals, and granted clemency – which were equated to a “broken system” that must be “fixed.” 

Despite this misinformed public narrative, the reality is that the military justice system is full of dubious cases that arise due to the enabling culture of the “sexual assault industry” and the system focusing more on public relations than on justice.  Here are some posts and cases that address this issue:





For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120 and Article 125, type “rape” or “sexual assault” into the search bar above the blog posts.  Also, 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.
http://www.militaryadvocate.com

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.

Thursday, September 18, 2014

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: SSgt Eddy Soto Court-Martial Conviction for Rape Set Aside by Air Force Appellate Court

MILITARY CRIMINAL DEFENSE LAWYER (Former JAG Attorney) NEWS:

In a recent Air Force Court of Criminal Appeals (AFCCA) opinion, the court-martial conviction of SSgt Eddy Soto for alleged forcible rape was set aside (overturned/reversed) based on lack of factual sufficiency - with the en banc Court holding they were not convinced the prosecution proved, beyond a reasonable doubt, the accused used force as alleged.  The opinion can be found here:

http://afcca.law.af.mil/content/afcca_opinions/cp/soto-38422.u.pdf

As you may recall, SSgt Soto was one of the MTIs at Lackland AFB who was caught up in the scandal that fueled the (knee-jerk) fire to change military law and the military justice system to make the system less fair for the accused and make it harder to defend military rape cases.   

If recent history is any indication, this appellate opinion will be attacked and there will be public calls to change the military Appellate Court system.  After all, ill-informed and agenda-driven members of Congress, advocacy groups, press pundits, and government and military leaders believed the military trial system was broken when alleged military rape and sexual assault cases resulted in withdrawn charges, acquittals after court-martial trial, or granted clemency.  So, I'm sure a military Appellate Court overturning a rape conviction will be met with similar ill-informed rhetoric.   

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, Article 125, type “rape” or “sexual assault” into the search bar above the blog posts.  There are many posts on this topic.  For example, see:






Also, 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.
http://www.militaryadvocate.com

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.


Wednesday, September 03, 2014

Civilian Court-Martial Defense Lawyers: Military Officer Cleared of Professional Negligence Claim



MILITARY CRIMINAL DEFENSE LAWYER (Former JAG Attorney) NEWS:

Recently, a military officer was cleared of an allegation of professional negligence.  The officer was represented by military criminal defense attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) 

The officer client was initially investigated and the professional negligence claim was substantiated against him.  However, the defense appealed that finding and the rebuttal memorandum detailed the defense issues with the initial substantiation.  Ultimately, the appeal was successful and the officer was cleared, allowing him to continue on in his military career with a clean record. 

Due to the nature of adverse administrative actions in the military, no further details about this case can be released.  While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) 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 case. 
For more information about the military justice system, particularly cases involving court-martial or discharge, type your search terms into the search bar above the blog posts.  See also:


We offer free initial 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.
http://www.militaryadvocate.com

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.