Handling Sexual Assault Allegations in the Military

Sexual assault allegations in the military are serious and complex matters. Reports of sexual assault can impact a military member’s career, family, future, and freedom. Whether you are in the Air Force, Army, Coast Guard, Marine Corps, Navy, or Space Force, if you are facing sexual assault or sexual harassment allegations, you need to protect yourself.

Congress, the Secretary of Defense, and the President through executive order have placed increased emphasis on sexual assault and sexual harassment, which means you have to be prepared to fight for your future. Understanding the process, rights, and potential consequences is crucial for anyone involved. This article will provide a comprehensive guide on handling sexual assault allegations in the military, ensuring that you are informed and prepared for the legal journey ahead.

Sexual Assault Arrest

Understanding Military Sexual Assault Allegations

Sexual assault within the military context is governed by the Uniform Code of Military Justice (UCMJ). The UCMJ outlines various sexual misconduct offenses, including rape, sexual assault, sexual harassment, aggravated sexual contact, and abusive sexual contact. These allegations can arise in various forms and are investigated thoroughly by DoD authorities.

The Initial Report and Investigation

When a sexual assault allegation is made, it triggers an immediate response from the military chain of command and law enforcement officials. This could involve a criminal investigation by local police, the Army CID, Air Force OSI, or NCIS. The process typically includes:

  1. Initial Report: The victim can file an unrestricted report of the assault to their chain of command, a sexual assault response coordinator (SARC), or local police. A victim may also report through the restricted reporting option, which maintains confidentiality.
  2. Legal Assistance: After reporting a crime, victims of sexual assault may be offered services from a victim advocate and special victims counsel, who assist them in the process.
  3. Medical Examination: The victim may also be offered an examination by a health care professional to collect forensic evidence, which is critical in sexual assault cases.
  4. Law Enforcement Investigation: The case will be referred by the Sexual Assault Prevention and Response (SAPR) office or the SARC office to law enforcement. A formal investigation by civilian or military investigative agencies commences. This involves collecting evidence, interviewing witnesses, and building a case.

Legal Rights of the Accused

Being accused of sexual assault in the military is a serious charge that can lead to severe consequences, including court-martial, dishonorable discharge, and imprisonment. It is essential to understand and exercise your legal rights:

Right to Remain Silent

The accused has the right to remain silent and avoid self-incrimination. Any statement made can be used as evidence in the investigation and subsequent proceedings.

Right to Legal Representation

The accused has the right to legal representation by a military defense attorney free of charge. Additionally, they may hire a civilian attorney with experience in military law to bolster their defense and increase their odds of success.

Presumption of Innocence

In accordance with U.S. military legal principles, the accused is presumed innocent until proven guilty beyond a reasonable doubt. This presumption must be maintained throughout the investigation and trial process.

Courts-Martial

The Court-Martial Process

If the investigation results in sufficient evidence, the case may proceed to a court-martial. The court-martial process includes several stages:

Charging Decision

In the Department of Defense, military sexual assault and sexual harassment allegations must be routed through the Office of Special Trial Counsel for a charging decision. This office, headquartered in Washington, D.C., decides whether to move forward with court-martial charges in all sexual assault cases. Because the Special Trial Counsel are trained military prosecutors, it’s critically important that you have an experienced military defense attorney on your side to provide advocacy on your behalf.

Pre-Trial Proceedings

During this phase, the charges are formally presented, and the accused has the opportunity to enter a plea with a military judge. Your experienced defense attorney may file pre-trial motions to challenge the evidence or the procedures followed during the investigation.

The Trial

The trial is conducted before a military judge and possibly a panel of service members. Both the prosecution and defense present their cases, including opening statements, witness testimonies, cross-examinations, and closing arguments.

Sentencing and Appeals

If the accused is found guilty, the court-martial will determine the sentence, which can range from reprimand to imprisonment to dishonorable discharge. The accused has the right to appeal the verdict and the sentence through military appellate courts.

Consequences of a Sexual Assault Conviction

A conviction for sexual assault in the military carries severe consequences, including:

  • Dishonorable Discharge: This type of discharge can significantly impact future employment and benefits.
  • Imprisonment: Depending on the severity of the offense, the convicted individual may face a lengthy prison sentence.
  • Sex Offender Registration: The convicted individual may be required to register as a sex offender, affecting their personal and professional life.

Other Sexual Assault Case Impacts

Beyond the possibility of a court-martial, sexual assault allegations may have other impacts on you and your military service. These outcomes include:

Disenrollment

If you are a cadet or student at one of the military service academies, such as the Air Force Academy, Naval Academy, or West Point, you may face disenrollment. This could also result in recoupment of your educational benefits, which put you in debt with the military.

Discharge

If you are active duty or a member of the National Guard or military Reserves, you may face discharge or separation based on allegations of sexual assault. Your commanding officer may choose to separate you even if you do not face court-martial. Depending on how long you have been a member of the armed forces, you may be entitled to a Discharge or Separation Board, where you can present your defense.

Other Career Impacts

Military personnel who are accused of sexual assault or sexual harassment may experience other career impacts, including an inability to promote, relocation, change of job or position, or a denial of reenlistment. Sexual assault or sexual harassment charges that are not sent to court-martial may result in non-judicial punishment, a Letter of Reprimand, or a GOMOR.

Importance of a Strong Defense

Given the gravity of sexual assault allegations, having a robust defense strategy is crucial. An experienced military defense attorney can help navigate the complexities of the military justice system, challenge the evidence, and advocate for the accused’s rights.

Key Defense Strategies

  1. Questioning the Evidence: Challenging the credibility and reliability of the evidence presented by the prosecution.
  2. Witness Testimonies: Presenting witnesses who can provide favorable testimonies or counter the prosecution’s claims, including evidence of your good character.
  3. Expert Witnesses: Implementing expert witnesses to challenge forensic evidence or provide alternative interpretations.
  4. Consent: Arguing that, based on the evidence, the accused believed that there was consent for the sexual activity.

These are just examples of key strategies that an experienced military lawyer will bring to the table when you are faced with criminal offenses like sexual assault and sexual harassment.

In Other Words

Handling sexual assault allegations in the military is a daunting and intricate process that demands a thorough understanding of military law and a strong legal defense. If you or someone you know is facing such allegations, it is imperative to seek professional legal assistance immediately.

Speak with an Experienced Attorney

If you are dealing with sexual assault allegations, contact us today to schedule a free initial consultation. Our experienced military defense attorneys are here to help you navigate the legal challenges and protect your rights.

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