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Thursday, May 19, 2016

Civilian Court-Martial Lawyers: Forcible Rape and Sexual Assault Court-Martial Allegations, and Court-Martial Case, Dropped Against Senior, Retirement Eligible, Military Noncommissioned Officer Represented by Attorney Richard V. Stevens (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior, retirement eligible, military noncommissioned officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the forcible rape and sexual assault court-martial allegations, and court-martial case, dropped by the government prior to trial (UCMJ Article 120). 

The complainant was an acquaintance who claimed the forcible rape and sexual assault had occurred years ago.  After the Article 32 hearing under the new limited rules (which reduced the hearing to a worthless formality in this case), in which the complainant refused to attend and testify, the case was referred to trial by general court-martial.  Despite the difficulties of investigating such dated claims, the defense was able to uncover significant information that impacted the credibility and motives of the complainant, and this information was presented via motion in anticipation of the pretrial motion hearing in this case.  Based on that information being exposed by the defense, the complainant withdrew from the case and it was dropped just prior to trial.   

The client has since retired honorably from the military.  

If the case had proceeded to a general court-martial trial, and the accused client had been convicted as charged, the maximum authorized punishment in this case would have included life in prison, dishonorable discharge, total forfeitures of pay and allowances, reduction in rank to E-1, and sex offender registration would have been required. 

While this military court-martial 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, type “rape” or “sexual assault” into the search bar above the blog posts and 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.

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 Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

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