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Friday, March 29, 2019


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the forcible rape allegation and military court-martial case he faced dropped (UCMJ Article 120).

The officer client was accused of forcibly raping, and injuring, a civilian acquaintance.  He was represented by attorney Richard V. Stevens from the date he was charged until his case was dropped.  The officer client was charged with forcible rape by the military and faced an Article 32 hearing.  At the Article 32 hearing, the defense called multiple witnesses and presented considerable evidence regarding the lack of credibility and motives of the complaining witness.  This was followed by a lengthy written argument about these topics.

After considering the testimony and evidence in the case, the senior military JAG officer who served as the Article 32 Preliminary Hearing Officer (PHO) found that no probable cause existed that the officer committed the alleged forcible rape and recommended the case be withdrawn and dropped, rather than proceed to trial by general court-martial.  The military followed this recommendation and withdrew the charge and dropped the case. 

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a dismissal (dishonorable discharge), life or decades in prison and, in addition, he would have been required to register as a sex offender.  Thankfully, the case was dropped 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 the remainder of his life.    

While this military court-martial and rape 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.

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