Air Force Academy Cadet Found Not Guilty of Sexual Misconduct in Court-Martial

Generic selectors
Exact matches only
Search in title
Search in content
Search in posts
Search in pages

What should I expect if I am called to a court-martial after charges have been preferred against me?

An Air Force Academy cadet was recently acquitted of sexual misconduct at a court-martial.  The sophomore cadet was charged with violating Article 120 of the Uniform Code of Military Justice, including one specification of sexual assault and two for abusive sexual contact.  Charges stemmed from an alleged incident in which the cadet groped, fondled, and otherwise behaved in an aggressive sexual manner towards a female cadet.

Facing court-martial, the cadet elected to have his case heard by a military judge instead of a panel of officers.  The judge heard testimony and reviewed all of the evidence during the trial.  Ultimately, the cadet was acquitted of all charges. 

Preparing for a Court-Martial Trial

If a charge has been preferred or initiated against you, you may be feeling stressed and confused as to the court-martial process.  It is important that you gain an understanding of the proceedings to come so that you can best prepare yourself.

You Have the Right to Counsel

You have the right to an attorney if a charge has been preferred against you.  You can elect to either have a Judge Advocate appointed to your case or retain a private court-martial defense attorney of your choosing. Your attorney will be your main advocate.  It is imperative that you ensure you have experienced counsel that will provide your case with the attention it deserves and help you to effectively tell your side of the story. 

Probable Cause Hearing

You have the right to an Article 32 probable cause hearing before your case goes to a general court-martial trial.  During the hearing, the prosecutor must present probable cause that you committed the charged offense.  Your attorney will assist you in challenging the evidence and presenting your own evidence. 

The Court-Martial Trial

You have the right to be tried before a military judge or a court-martial jury.  During the trial, you will have the chance to present evidence and cross-examine witnesses.  Unlike a civilian trial, it generally takes just a two-thirds vote among the jury to find you guilty.  

Share on facebook
Facebook
Share on google
Google+
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on facebook
Share on google
Share on twitter
Share on linkedin
Other Posts

Violent Crimes in the Military

The members of the United States Armed Forces are held to extremely high standards when it comes to violence within the military. Those who have been charged with violent crimes will have their case heard before a court-martial.  Service members who have been charged with

Read More »

Civilian vs. Military Jurisdiction

While most of us understand that there is a separate court for those in the military than for civilians, cases are not always so black and white. While it makes sense that a member of the military who is arrested on military property will be

Read More »

Common Off-Base Military Crimes

The Military Code of Justice provides military service members with the regulations with which they must abide. However, when service members are off base, they are subject to the statutes and laws of the state and county in which they reside. Military members who are

Read More »