Military
Defense Lawyer (Former JAG Attorney) News:
Recently, a senior non-commissioned
officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law
Offices of Richard V. Stevens, P.C.) retired honorable from the military after
nearly three decades of service after having the sexual assault allegations he
faced (UCMJ Article 120) dropped.
The NCO client was
accused of sexual assault by a fellow service member who claimed she was too drunk
to have consented and that she did not, in fact, consent to the sexual activity
she alleged had occurred on the night in question. The case was headed toward
court-martial. As the investigation
progressed, however, and the defense provided evidence in the case, it became
apparent that the complainant's story was contradicted by witnesses and
evidence, to include electronic evidence.
Ultimately, despite the complainant's continued claim that she was
victimized and did not consent, a court-martial was not pursued.
The case did not end,
however. The military opted to attempt to
administratively punish and administratively discharge the senior NCO based on
these claims. This is the latest trend
in the military - when they recognize they will likely lose a case at trial,
they take flawed, weak cases to administrative forums, where the burden of
proof is much lower (preponderance of the evidence) and the rights of the accused
are much more limited.
Despite the military's
effort to administratively discharge the client, the board members saw the case
for what it was, disagreed with the command, and retained the senior NCO. He then finished out his career and has now retired
honorably.
Had there been a
court-martial trial and sex crime conviction in the case, the client could have
been sentenced to a dishonorable discharge, decades in prison and, in addition,
he would have been required to register as a sex offender. Thankfully,
the truth prevailed and he was spared this devastation to his future. He can now move on from this case without the
stigma of a sexual assault conviction which would have affected his life for
the remainder of his days. He also
survived the government's attempt to kick him out and deny him a retirement
through administrative discharge. He is
now an honorable military retiree, as the evidence showed he showed be, despite
all the political and public relations pressure to sacrifice military members
in the name of "believe the victim" and presumption of guilt.
While this military
court-martial and discharge 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: I (attorney Richard V. Stevens) am a former active duty military
lawyer (JAG). My perspectives and advice, therefore, are based upon my
experience as military defense lawyer and as a civilian criminal defense lawyer
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 for a free consultation. These military defense law offices are
located in the Washington DC, Northern Virginia, Maryland, National Capital
Region (NCR), but the military defense representation is worldwide – when
necessary, the attorneys travel to wherever the client is stationed around the
world.
