Being accused of any crime in the military can be extremely worrisome and overwhelming. There is so much at stake, much of which falls on the actions of the prosecution. Prosecutors will try sexual assault cases with the fullest extent of the law, with military prosecutors commonly utilizing specific strategies in order to win. Understanding these strategies is often key to defending against them. Here’s what to expect from the prosecution.
Try to Corroborate the Accuser’s Details – Even When Irrelevant
In an attempt to try to demonstrate that an accuser is telling the truth, the prosecution will often attempt to corroborate (back up) his or her story by providing details whether or not they are actually relevant to the case. For example, this may include things such as showing the jury pictures of the room in which the accuser claimed the sexual assault occurred – regardless of when that picture was taken – just to try to prove that he or she was telling the truth about what the room looked like.
In response to this tactic, it’s important to show how the attempted corroboration of irrelevant details demonstrates that the prosecution is grasping for straws.
Have the Accuser Practice Testifying
One of the biggest moments of any court-martial occurs when the accuser takes the stand to testify. This is why prosecutors often have that individual rehearse his or her testimony over and over again in an effort to prepare them for any tough questions that the defense may throw their way.
Luckily, with a qualified attorney he or she can do a good job on cross-examination to help reveal the weaknesses in the accuser’s story.
Claim the Accuser has “No Reason to Lie”
Prosecutors will often try to bolster the credibility of the accuser by expressing that he or she has “no reason to lie.” They will often discuss the difficulties of a sexual assault assertion in the military and the tough process that he or she must endure.
However, whether it’s to seek money or attention, or even to avoid revealing an affair to a spouse, there are a variety of reasons that people lie about sexual assault. It’s important to have an experienced attorney to highlight this in a productive manner.
Take What You Say Out of Context
The final common strategy that the prosecution will employ is to take your words out of context. They will take what you have said in an interview or via text messages to the accuser and will use it to argue that you have admitted guilt. For example, if someone sent a message to the accuser apologizing for the situation, the prosecution may try to use it to show that you are admitting that you did in fact sexually assault the accuser. However, often the defendant may simply have been apologizing for the fact that the accuser felt something was wrong even though you believe that everything that occurred was completely consensual.
The Court-Martial Law Division of Aviso Law LLC Helps Military Members in Colorado Who Have Been Charged with a Crime
The U.S. Government has an interest in obtaining a conviction as soon as possible, as it does not wish to gain negative publicity about one of its service members. That is why it is so important to consult with a knowledgeable and experienced military attorney as soon as possible.
If you are a military service member (active or reserve) and have been charged with a crime under the UCMJ, the Court-Martial Law Division of Aviso Law LLC can help. We proudly serve our military members, who sacrifice so much for our country. To learn more or to schedule a free consultation, contact us today!