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Monday, March 06, 2017

Civilian Court-Martial Defense Lawyers: Senior Military Officer Represented by Attorney Richard V. Stevens is Cleared of Sexual Assault Allegations and Retained in Military (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior, retirement eligible, military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was cleared of the sexual assault allegations he faced by an administrative board hearing (UCMJ Article 120). 

In the military, involuntary administrative discharge board hearings are referred to by different labels, such as board of inquiry (BOI), show cause, officer elimination, adsep board, administrative separation, and administrative discharge board.  In this case, the client met such an administrative board in which allegations of sexual assault were litigated.  It is a growing trend now in the military to take sexual assault allegations to board hearings, where they are litigated like trials with fewer evidentiary rules and a lower burden of proof than trial.  This includes filing pre-board motions and litigating the case in front of board members, including opening statements, witnesses examination and cross-examination, presentation of evidence, and closing arguments. 

Because of the nature of administrative board hearings, no specifics about this particular case can be discussed.  However, after fully litigating the allegations, the client was cleared and retained in the military.  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 as we do, can guarantee the outcome of any military 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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