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 http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.

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.
http://www.militaryadvocate.com

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.

MERRY CHRISTMAS AND HAPPY HOLIDAYS!

HAPPY THANKSGIVING!

Wishing you and yours a very Happy Thanksgiving!  To all the American military families out there, particularly those separated from each other due to military service, a very special thank you.  In the words of USMC Father Dennis Edward O'Brien: 

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THE SOLDIER

It is the soldier,
not the reporter,
who has given us freedom of the press.

It is the soldier,
not the poet,
who has given us freedom of speech.

It is the soldier,
not the campus organizer,
who has given us the freedom to demonstrate.

It is the soldier,
not the lawyer,
who has given us the right to a fair trial.

It is the soldier,
who salutes the flag,
who serves under the flag,
and whose coffin is draped by the flag,
who allows the protesters to burn the flag.

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Pilgrim Edward Winslow describes the first Thanksgiving in 1621:

Our harvest being gotten in, our governor sent four men on fowling, that so we might after a special manner rejoice together after we had gathered the fruits of our labor. They four in one day killed as much fowl as, with a little help beside, served the company almost a week. At which time, amongst other recreations, we exercised our arms, many of the Indians coming amongst us, and among the rest their greatest king Massasoit, with some ninety men, whom for three days we entertained and feasted, and they went out and killed five deer, which we brought to the plantation and bestowed on our governor, and upon the captain and others. And although it be not always so plentiful as it was at this time with us, yet by the goodness of God, we are so far from want that we often wish you partakers of our plenty.

HAPPY VETERANS DAY

Please take some time today to reflect on, and thank, those brave veterans who have served and protected our country in the past, those who are currently serving our country, and the families who support and share in their sacrifices for us.  Have a wonderful and meaningful Veterans Day!