Sexual Assault

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.

Read more . . .

Wednesday, July 18, 2018

Military Sexual Trauma Victim Wins Upgraded Discharge

Q: Can an “other than honorable” discharge ever be upgraded?

Being charged with desertion or AWOL (absent without leave) is very serious in the military.

Because the punishments can vary greatly, it's important to hire a...

Read more . . .

Tuesday, July 10, 2018

Investigating Alleged Sexual Assault in Cadet Dormitory

Q: Can a cadet face a court-martial?

While his peers were studying for final exams and preparing for graduation from the Air Force Academy, one senior cadet was spending time with his civilian court-martial defense attorney.

After an evening at the only bar on campus, the cadet found himself facing a...

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Wednesday, March 21, 2018

Mandatory Minimum Sentencing in Military Sex Assault Cases

Q: What is the mandatory minimum sentence for military sex assault convictions?

If an Army attorney with special victim prosecutor experience hires a skilled civilian military defense attorney to defend him, rather than trusting his fate and future to a free military court-appointed defense attorney, there is likely good reason to do so.

Because the government has instituted mandatory minimum sentences for sexual assault offenses, it's particularly important to hire a skilled Read more . . .

Monday, February 26, 2018

Suicide Before Court-Martial

Q: How does one facing court-martial remain hopeful of acquittal?

Being accused of a sex crime in the military can be overwhelmingly frightening. There is a tendency for the public to rush to judgment against you. There is also public pressure on the military to show it has “zero tolerance” for sexually-based crimes.
Read more . . .

Sunday, December 31, 2017

In Focus: Sexual Misconduct in the Military

Throughout the second half of 2017, the #MeToo movement roiled Hollywood, major media outlets and Capitol Hill with accusations of sexual misconduct. Now, three nonprofit advocacy groups are planning a rally for military women outside the Pentagon next month. The rally is scheduled for 8 a.
Read more . . .

Friday, September 22, 2017

Colonel Gets Convicted in Sexual Misconduct Court Martial

Q: Is a high-ranking officer immune from prosecution and conviction?

A military sexual misconduct conviction can have devastating consequences to a service member’s career, reputation, and freedom.  

But child-related criminal offenses, including child pornography, child abuse, and sexual assault of a child, are among the most aggressively-prosecuted cases in all branches of the military. Not even the highest-ranking officers are able to avoid prosecution or conviction.
Read more . . .

Monday, August 28, 2017

Marines Nude Photo Scandal Fallout Begins

Q: May a service member need a court-martial defense attorney for the non-consensual publishing of explicit photos online?

We’ve all heard that posting inappropriate content on social media has derailed the plans of college-bound freshman who later find their admissions offers rescinded after their dream school discovers the indiscretion. Well, it turns out the military doesn't look favorably upon inappropriate social media posts either. And the potential punishment service members—who should exhibit better judgment than high school students-- may face for their poor judgment may be much harsher. And potentially career-ending.

Just ask the first service member to be court-martialed "related to the non-consensual sharing of explicit photos on the ‘Marines United’ Facebook group".
Read more . . .

Sunday, June 18, 2017

Navy SEAL Claims Unlawful Command Influence Impacted Court-Martial Outcome

Q: Can I appeal a court-martial sex assault conviction due to unlawful command influence?

Military sexual assault appeal attorneys have their work cut out for them because such convictions are serious and lead to harsh penalties which include prison time and dishonorable discharge.

In recent years the military has cracked down hard on sexual assault and numerous revisions and amendments to the Uniform Code of Military Justice (“UCMJ”) have made it easier to obtain convictions. That's why it's important for those defending a court-martial for sexual assault or for those appealing such a conviction to get an independent civilian attorney with military trial experience.
Read more . . .

Monday, May 29, 2017

Reining in “Revenge Porn” in the Military

Q: Is the wrongful distribution or broadcasting of intimate images by military members criminally punishable?

We've all heard the expression about those facing criminal charges having "the book thrown at them". Well, for Navy and Marine Corps members "the book" just got a little bit bigger as the distribution of nude or intimate photos without permission has been added as a criminal offense violation of which may require a court-martial defense.

An interim update to the official book of Navy regulations prohibiting what's known as “revenge porn” has been added in pending its next publication and applies to members of both the Navy and Marine Corps.
Read more . . .

Sunday, April 30, 2017

Beating a Court-Martial for Rape

Q: Are there mandatory minimum sentences for sexual assault offenses if convicted?

Article 120 of the Uniform Code of Military Justice (“UCMJ”) governs the multiple types of sexual assault in the military. In recent years, military sexual assault policies have undergone many changes and that has led to more service members being charged and longer, harsher punishments and additional penalties for those who are convicted.

Soldiers convicted of sexual assault offenses face mandatory minimum sentences such as dismissal or dishonorable discharge.
Read more . . .

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