With regard to rape, sexual assault and sexual misconduct allegations, today's military climate presumes guilt and misinformation is purposely spread by command, in their sexual assault briefings, in an effort to be politically correct and to overcompensate for perceived shortcomings in dealing with these cases in the past. This has poisoned the entire military justice process - from the investigators (CID, AFOSI, NCIS) through command, JAG, convening authorities, prosecutors, the judiciary and potential court (jury) members.
As a result of this dangerous climate, scores of rape, sexual assault and sexual misconduct allegations and court-martial trials have arisen in the military in recent years. Sadly, a large percentage of the military cases we defend against are claims of rape and other alleged sexual misconduct/crimes. In these cases, the accused military members face extreme jeopardy - possible criminal conviction, lengthy jail terms, dishonorable discharge, sex offender registration and a variety of other personal, family and professional consequences. An experienced and aggressive defense is absolutely vital in these cases.
The current military climate motivated me to write the following blog post about how the military justice system cannot be considered fair when dealing with these claims:
Here are links to other blog posts addressing the rape, sexual assault and sexual misconduct military cases and court-martial trials that we've defended:
I am a civilian criminal defense attorney and a former military JAG lawyer. My military defense law practice covers bases and clients stationed all over the world.
As a military law specialist, my legal practice is exclusively limited to representing and defending military members of all service branches, stationed around the world, who are facing all types of military specific adverse actions such as:
- General court-martial (military criminal trial)
- Special court-martial (military criminal trial)
- Summary court-martial (military criminal trial)
- Court-martial clemency
- Court-martial appeal
- Article 32 hearings
- Military discharge or separation, including show cause and board of inquiry
- Military discipline
- UCMJ actions
- Article 15, Nonjudicial Punishment (NJP), Captain’s Mast
- Admonition (letter of admonition – LOA)
- Reprimand (GOMOR or letter of reprimand – LOR)
- Demotion
- Investigations by IG, CID, AFOSI, NCIS, CGIS, AR 15-6, CDI, command
- Board of Correction for Military Records (BCMR) appeals
- Negative performance report or evaluation report appeals
- Security clearance issues
- Medical board cases and hearings (MEB, PEB)
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