Denver, CO Martial Law Blog

Saturday, November 3, 2018

Statutory Rape Charges in the Military

Q: Is there a difference in statutory rape charges?

Statutory rape in the military falls under the category of military sexual assault. Seeing as it’s defined as intercourse with an individual that is too young to consent, it’s not surprising that it’s a very serious offense with equally serious potential punishment upon conviction.

That’s why it’s important to hire a skilled court-martial defense attorney if sexual assault charges are brought against you or if you expect that they might be.

Statutory rape is divided into 2 categories which of based on the age of the child at the time of the alleged incident. There is statutory rape of a child under the age of 12 and statutory rape of a child between the ages of 12 and 15, with the younger child involved situation being the more serious charge.

In fact, the charges are so serious that there are mandatory minimum sentences upon conviction for sexual assault--the very least of which would be “dismissal or dishonorable discharge”.  And conviction for rape of a child under 12 could bring life in prison without parole.

In an effort to show the civilian world the military’s zero-tolerance policy, sexual assault charges are often prosecuted more harshly than other crimes. Many of those accused are wise to consider hiring a civilian military court martial defense attorney with a track record of success in high profile cases, rather than trust their career, reputation, freedom, or life to a free court-appointed defense counsel supplied by the very government that believes they are guilty.

Four third-class petty officers have recently been accused of sex crimes after allegedly engaging “in sexual acts… in their barracks with a girl who is older than 12 but less than 16 and that they took photos and video”. It has not yet been decided on whether they will face a court martial.

If you’ve been charged or expect to be charged with a sex crime or any other crime in the military, the court-martial defense attorneys at Elkus, Sisson & Rosenstein, PC can help you. Contact us today for free consultation.

With offices in Denver and Colorado Springs, Colorado, we represent service members of all ranks, in all branches, anywhere in the world.

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