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Thursday, December 29, 2016

Civilian Court-Martial Lawyers: Three Alleged Rape and/or Sexual Assault Court-Martial Cases Dropped Against Military Enlisted Members Represented by Attorney Richard V. Stevens (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, three enlisted military members in different service branches who were defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the rape and/or sexual assault court-martial allegations cases they faced dropped by the government prior to trial in favor of administrative dispositions (UCMJ Article 120). 

In all three cases, the military clients faced a general court-martial trial and their cases had proceeded past the virtually worthless new Article 32 hearing process.  In each case, the complaining witnesses were acquaintances of the respective clients and each complaining witness had significant credibility and motive issues.  During heavily litigated motion hearings in each case, these issues were exposed with the complainants on the witness stand.  After the motion hearings in each case, the government (with the agreement of the complaining witnesses) agreed to drop the general court-martial trials and handle each case with administrative action instead.    

If any of these cases, which are akin to felony criminal trials in the civilian system, had proceeded to a general court-martial trial, and the accused client had been convicted as charged, the maximum authorized punishment in the case would have included decades 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 these military court-martial cases were 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/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

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