Military Criminal Defense Lawyer (Former JAG
Attorney) News:
Recently, a field grade military officer
who was facing a sexual assault allegation was cleared after litigating an
administrative disciplinary action (UCMJ Article 120). The accused military member was defended by
military law attorney Richard V. Stevens (Military Defense Law Offices of
Richard V. Stevens, P.C.).
This case was processed in a
surprising manner given the environment in the military justice system, and the
outcome – while entirely justified – was also surprising given the
environment.
The military officer was accused of sexually
assaulting a female he met through an online post. Initially, the investigation was headed
toward a court-martial, as most, unfortunately, do these days. However, as doubts started to surface, the
case was handled via administrative disciplinary action instead. Due to the environment in the military
justice system, we had fears that the government’s strategy was to administratively discipline and discharge the officer, instead of court-martialing him, because the
allegation wouldn’t hold up in a court and they could get rid of him expeditiously,
and without the evidentiary standard of a military trial.
In response to the disciplinary
action, the client pled not guilty in the administrative forum and we submitted
a lengthy, detailed rebuttal. That
rebuttal included what didn’t make sense about the complainant’s claims (to
include evidence of her seeking to see the client romantically after the alleged sexual
assault), as well as her admitted history of making a false police claim
against another individual because she was upset at the person.
Ultimately, the General who heard the case
found the client not guilty of the alleged sexual assault. Because of the not guilty finding,
the client also avoided a discharge board hearing (a.k.a. show cause, board of
inquiry, officer elimination) based on sexual assault. The client will now continue on with his
military career.
For all the times I have blogged about how the military justice system is being held hostage by misguided politicians
and advocacy groups who demand predetermined outcomes that support complainants
and punish military accuseds – this case was a refreshing reminder that not all
military commanders are willing to be pawns in the political game, and some are
willing to make judgments based on their personal and professional conscience,
regardless of the “noise” that could result by those who blindly disapprove of
a result that doesn’t back up a sexual assault complainant.
Due
to the nature of adverse administrative actions in the military, no further
details about this case can be released.
While this military disciplinary case was 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 or case.
For more information about the
military justice system, particularly cases alleging rape and/or sexual
assault in violation of UCMJ Article 120 or 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.
