Sexual Assault Attorney

The court martial defense attorneys at Colorado-based Elkus, Sisson & Rosenstein regularly represent military men and woman who have been accused of sexual assault.   Sexual assault has always been considered a serious crime.  But, in recent years the military has made various changes to the law and increased enforcement.  Being convicted of a sexual assault can have serious career and criminal consequences and it is therefore important to retain a skilled attorney to handle these extremely sensitive matters.

What is Considered Sexual Assault in the Military?

Sexual assault is defined as committing a sexual act upon another person by threatening, causing fear or bodily harm, making a fraudulent representation relating the sexual act to a professional purpose and/or using other types of fraud.  It can also be defined as committing a sexual act when the other is unaware or incapable of consenting.  Article 120 of the Uniform Code of Military Justice (UCMJ) governs sexual assault in all branches of the military.  After multiple studies were released showing significant increases in military sexual assaults from year to year, the government decided to take action.  As such, Article 120 has undergone multiple revisions and amendments over the last decade.  One recent change includes multiple types of sexual assault ranging from rape to sexual contact.  Policies surrounding military sexual assault have also recently changed.  The government has decided to take these matters more seriously and has instructed officials in every branch of military to do the same.  They have instituted harsher punishments, not only increasing the length of sentences, but adding penalties that are not related to incarceration, including discharge and forfeiture of pay and allowances.  They have also added new protections for victims.  For instance, each victim will now be entitled to government appointed legal representation, or a special victim's counsel, to assist them with the litigation process.  All of the attention this area has received has led more service members being charged in an attempt to increase the conviction rate.  

The government has also instituted mandatory minimum sentences for sexual assault offenses.  This means that if convicted, you will be punished by dismissal or dishonorable discharge at the very least.  While before you may have benefitted from the use of a military appointed attorney to defend you in a sexual assault case, this may no longer be a good option.  Because service members charged with sexual assault under Article 120 now face a definite sentence if convicted, you need a seasoned advocate fighting for your rights.  The attorneys at Elkus, Sisson & Rosenstein will offer you zealous on site representation to give you the best possible chance of staying out of prison.

These cases are often "he said, she said" matters where the evidence is confusing, conflicting and unclear.  It is imperative to have an experienced attorney in these situations to sort out the relevant evidence and present a coherent case.  While these are serious matters, acquittals are possible.

Let the court martial lawyers at Elkus, Sisson & Rosenstein defend you in your sexual assault case.  Contact the Denver and Colorado Springs attorneys by calling (303)567-7981 for a free consultation today. 

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