Military Defense Lawyer (Former JAG Attorney)
News:
Recently, a military officer who faced a general court-martial (GCM) in which he was accused of sexual assault was found not guilty of that allegation (UCMJ Article 120). The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).
The military officer client was accused of sexually assaulting a female military member who came to his house that night to party with him. The complainant brought another female military friend with her that night and, according to them, both of them partied with the client that night. Many months later, both of them accused the client of sexual assault when one of their boyfriends found out and reported the events. The client was charged with sexual assault regarding one of the friends, and the other friend testified as an uncharged complainant.
The military officer faced a court-martial trial that lasted most of the week. During trial, both of the complainants claimed they engaged in sexual behavior with the accused client, including in each other’s presence, and neither objected to it at the time. In fact, they admit that they engaged in the activities. But, they both claim that they were unable to consent because they were impaired. This is an extremely common scenario in military sexual assault cases, and so is what unfolded during the trial.
During the trial, both complainants were cross-examined about significant issues regarding their lack of credibility and reliability, and their motives to misrepresent what happened that night. As both of the complainants were cross-examined by attorney Stevens, each admitted to all of the mental and physical capabilities they had that night – they were able to walk, and talk, and remember events, and text message coherently, and engage in an extended argument with each other, and engage in a text and phone call argument with each other immediately after one of them left the party and was able to walk all the way back home. They admitted to all of this mental and physical capability, yet, they both claim they were too impaired to be able to consent to sex. This is the common misunderstanding, or intentionally misleading, explanation of the law of sex and impairment. This is often pushed by advocacy groups and briefings in which military members are told that they are unable to consent if they are impaired. That is not the law!
During the defense closing argument, attorney Stevens had to defend against both the charged claim and the uncharged claim. He focused on applying the testimony of the complainants, and their text messages that night, to the applicable law and asking that the law be followed. Regrets after a night of partying and sex do not convert a consensual encounter into a non-consensual encounter. Drunk people can have consensual sex.
Ultimately, despite the environment in the military justice system regarding these issues, and despite the charged complainant being bolstered by her uncharged friend, the accused client was found not guilty of the charged sexual assault. Had there been a conviction regarding this sexual assault allegation, the client would have faced the possibility of man years in prison. Thankfully, the officer client was not convicted of this false claim.
While this serious sexual assault allegation in 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.
In addition to the sexual assault allegation in this case, Attorney Richard V. Stevens has defended many, many allegations of rape and sexual assault within the military justice system over the course of decades. He has been practicing military law since 1995. For more information about the military justice system, particularly cases alleging rape and sexual assault in the military, see:
https://militaryadvocate.com/practice-areas/sex-crimes/
We offer free consultations for a case you may be involved in. Just call us.
Thank you.
Military Defense Law Offices of Richard V. Stevens, P.C.
Civilian criminal defense lawyer and military
defense lawyer
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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