CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: July 2015

Thursday, July 30, 2015

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: Rolling Stone Editor Reportedly Stepping Down - More Fallout from the Rush to Believe Anyone Who Claims Rape

Military Criminal Defense Lawyer (Former JAG Attorney) News:

According to several news articles, an editor at Rolling Stone is stepping down after 19 years in the wake of the discredited story Rolling Stone ran about an alleged rape on the University of Virginia campus. That story can be found here:

http://www.nytimes.com/2015/07/30/business/media/will-dana-rolling-stones-managing-editor-to-depart.html?_r=0

http://money.cnn.com/2015/07/29/media/will-dana-rolling-stone/index.html

http://nymag.com/daily/intelligencer/2015/07/rolling-stone-sued-for-rape-story-editor-leaves.html

In an earlier blog post, I addressed the controversy about this Rolling Stone article, "A Rape on Campus," and how it is indicative of the prevailing mindset among politicians, advocacy groups, and other public figures, leaders, and news outlets that a rape allegation must be true, shouldn't be questioned or investigated, and guilt should be presumed.

Not only is this fallacy poisoning public discourse about the topic, it is leading to much more dangerous aftereffects than just a false news report. The military justice system is being changed, and the rights of a military accused are being eviscerated, because of this ill-informed and misguided belief that a complainant in a rape or sexual assault case must automatically be believed and to investigate or question or defend against such a claim is somehow outrageous. Here is that blog post:

http://militaryadvocate.blogspot.com/2015/04/rolling-stones-journalistic-failure-in.html

In addition to Rolling Stone's editor stepping down, former UVA fraternity brothers who were impacted by the false story have filed a lawsuit against Rolling Stone:

http://www.washingtontimes.com/news/2015/jul/29/rolling-stone-university-virginia-rape-story-spark/

I have no doubt that this false narrative and push to believe anyone who claims rape or sexual assault has resulted in innocent people, particularly young men, being convicted, jailed, and facing the lifelong consequences of a rape conviction. This includes innocent young men serving in the military. When will the tide be stemmed and when will reason and the Constitutional principles at the heart of our criminal justice system once more matter?

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. Also, see:

http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/

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.

Saturday, July 25, 2015

Thursday, July 23, 2015

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: More About Systemic Unfairness In Alleged Sexual Assault Cases at American Colleges

Military Defense Lawyer (Former JAG Attorney) News:

In past blog posts, I have addressed how American colleges are now struggling with issues similar to those plaguing the military when it comes to alleged rape or sexual assault cases (UCMJ Article 120 in the military justice system). The push by ill-informed and misguided lawmakers and advocacy groups to rig the system, eviscerate the rights of the accused, and attempt to ensure predetermined outcomes of guilt. Here is one such post:

http://militaryadvocate.blogspot.com/2015/06/civilian-court-martial-defense-lawyers.html

Although the political pressure and public misunderstanding of these issues is substantial, all is not lost - at least for college cases. Here is an LA Times article about a California Court ruling against the University of California, finding that the college did not have sufficient evidence to support sexual assault charges against one of the their male students:

http://www.latimes.com/local/lanow/la-me-ln-ucsd-sexual-misconduct-20150713-story.html

The Court ordered the University to drop its findings - and all sanctions - against the student. The Court determined the University failed to hold a fair hearing by limiting what questions by the accused would be asked of the complainant, the accused was denied the opportunity to confront the complaint officer, and the accused was denied access to witness statements or even his own statement. Moreover, when the accused student appealed the University's finding against him, the sanctions that had been imposed on him were increased! While I'm sure Senators Gillibrand and McCaskill, Representative Speier, and others in Congress would have stood up and applauded this kangaroo court, an actual court of law struck down what occurred here. Interestingly, the article states:

"The case is being watched nationally, as concern has grown that the intensified crackdown on campus sexual assault over the last few years has skewed too far against those accused, violating their due process rights. Last fall, 28 Harvard Law School faculty members published an opinion article condemning their campus procedures on sexual assault cases as lacking 'the most basic elements of fairness and due process' and 'overwhelmingly stacked against the accused.'"

Do all the knee jerk, politically motivated changes to the military justice system come to mind here???

Here also is that Boston Globe article describing how 28 members of the Harvard Law School faculty issued a statement condemning the new sexual harassment prevention policies at Harvard University:

http://www.bostonglobe.com/opinion/2014/10/14/rethink-harvard-sexual-harassment-policy/HFDDiZN7nU2UwuUuWMnqbM/story.html#

Among the concerns raised by the Law School faculty included:

- Limitations on the accused's right to discovery, to confront his accuser, and to present a defense;

- Lack of systemic impartiality; and,

- Lack of adequate defense representation.

Do all the knee jerk, politically motivated changes to the military justice system come to mind here???

What is happening right now in our colleges and the military are training sessions in which the actual law regarding alcohol, sex, and consent are being misstated, where the systems of discipline and justice are being altered and skewed heavily in favor of denying an accused any real opportunity to defend himself, and the public narrative about these issues, like the systems themselves, is so unbalanced and inaccurate that unfair and unconstitutional actions are being met with applause!

At least some still fight the good fight - for the good of the respective systems and for the good of those accused of rape or sexual assault. Our military defense law practice has been involved in this fight for years.

http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/

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

Friday, July 10, 2015

Actor Michael Enright Fights ISIS

Here is a FoxNews story about actor Michael Enright heading to Syria to fight ISIS:

http://www.foxnews.com/entertainment/2015/07/10/actor-turned-anti-isis-fighter-michael-enright-talks-life-on-syrian-frontline/

Saturday, July 04, 2015

HAPPY INDEPENDENCE DAY!

Happy 4^th of July to you and yours! Before the cookout and fireworks, please take a moment to give thanks for the brave men and women of our military, and their families, whose courage and sacrifice ensure our freedom. And, please recall the amazing story of how we won our independence, despite all odds.