The Harsh Reality About False Sexual Assault Allegations
Discover effective strategies for responding to sexual assault allegations with care and consideration. Learn about making statements, legal guidance, and safeguarding your rights in challenging situations
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Facing sexual assault allegations as a military member, and feeling overwhelmed and unsure what to do next? This article is for you.
In today’s politically charged military culture, sexual assault allegations carry great weight. Whether you are a private or a commander, and whether or not physical or forensic evidence actually exists, a sexual assault claim against you will most likely send you to trial. It could very well lead to an assault charge. Unfortunately, false allegations of rape and assault in the military are much more common than most people recognize. These accusations can be life changing for the accused. At Military Trial Defenders, we relentlessly defend those who defend our country, and that means aggressively defending our clients against false allegations.
The Harsh Reality
Sexual assault cases often turn into a “he said, she said” battle, and this is exponentially true in the military. Even if the alleged victim’s credibility is questionable at best, the military takes assault accusations very seriously. Moreover, even if a clear motive for a false accusation exists—such as trying to explain away an affair—the current military climate dictates that allegations are followed all the way through. This means that even if a claim is 100 percent false, the accused have to be on their best defense to guard against a conviction.
False Allegation Statistics
According to a report from the Department of Justice, about 25 percent of the sexual assault cases referred to the FBI in 1996 were found to be false after DNA testing. The Department of Justice noted that, because rape involves a non consensual and forcible act, a DNA match alone does not prove that a rape occurred. This means that the number of false allegations was most certainly higher that 25 percent.
This disturbingly high statistic can also be seen in the military. In a review of 556 rape accusations filed against Air Force personnel, it was discovered that 27 percent of the women later recanted their accusation. Three independent reviewers looked over the remaining allegations using specific law criteria. Many more allegations were found to be false. In this particular case, over 60 percent of the allegations were not credible.
Aggressive Defense Against Sexual Assault
It is incredibly frustrating to face false accusations of assault. It might be tempting to think about forming your own lawsuit for the false accusation. Because the stakes of an assault allegation are so high, however, your primary concern needs to be acquittal. Situations revolving rape and assault in the military are complex. You will want to obtain the most experienced and knowledgeable defense team you can find. The military attorneys at Military Trial Defenders understand the weight of a sexual assault accusation. They will fight aggressively on your behalf.
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