Table of Contents
- Introduction
- Investigative and Justice Process for Sexual Assault Allegations
- False Allegations are Still a Problem
- Pertinent Definitions from the UCMJ Articles
- Defending Against False Allegations
- Protecting Yourself from False Allegations
- Administrative Consequences of Sexual Assault Allegations
Article 120 of the Uniform Code of Military Justice is undoubtedly one of the most well known UCMJ articles. This punitive article prohibits rape and sexual assault and defines consent according to highly scrutinized standards. Article 120 was put in place to protect innocent victims from sexual assault and to foster general goodwill among service members by fostering a military culture that is safe and secure. The sad reality, however, is that there are many innocent military members who have been falsely accused of rape and/or sexual assault. These soldiers have very little support or protection offered to them. While members of the military may technically be “innocent until proven guilty,” it often ends up looking a lot more like “innocent until accused.” If you’re facing legal issues, the team at Military Trial Defenders can help.
Investigative and Justice Process for Sexual Assault Allegations
Once an allegation of sexual assault is made in the military, a typical investigative process ensues. The initial report is often made to a Sexual Assault Response Coordinator (SARC) or a military law enforcement agency like CID, OSI, or NCIS. Preliminary interviews will be conducted with the alleged victim and witnesses. If the alleged victim wants to cooperate with law enforcement, a full investigation is opened.
Investigators will gather evidence like attempting to interview the accused and additional witnesses, collecting physical and forensic evidence, reviewing records, and more. The investigation findings are presented to the Office of Special Trial Counsel (military prosecution office), who decides whether to proceed with the case. If the offense is serious, courts-martial charges may be preferred.
If charges are preferred, the case then proceeds to an Article 32 preliminary hearing where a Preliminary Hearing Officer determines whether there is sufficient evidence to proceed to trial. If so determined, the case is referred to trial where a military judge or panel (jury) determine guilt or innocence based on evidence presented. If convicted, punishment is handed down. If necessary, there are opportunities for appeals through the military justice system.
False Allegations are Still a Problem
It doesn’t matter how many military officials deny it, false allegations of rape and sexual assault are still a huge problem. Military members are deeply aware of this fact. According to one report produced by the Defense Department Inspector General, approximately 73% of women and 72% of men at the military service academies believe that false accusations of sexual assault are a problem. The problem doesn’t just exist in the academies, however. It is military wide. Facing military charges in Tacoma? Our experienced defense team is ready to protect your rights and career. Learn more about our Tacoma office and how we can help you.
Pertinent Definitions from the UCMJ Articles
As outlined by UCMJ article 120, here are the definitions of sexual misconduct charges:
Article 120a – Rape, sexual assault, and other sexual misconduct:
Causing someone to engage in a sexual act by force, by causing bodily harm, by threatening death, bodily harm or kidnapping, by rendering a person unconscious, administering by force or without the person’s consent an intoxicant that renders him or her unable to consent to sexual activity.
Article 120c – Aggravated sexual assault:
Causing another to engage in a sexual act by threatening or placing that person in fear (other than that listed in Article 120a), causing bodily harm, or engaging in a sexual act with a person incapable of understanding, declining or otherwise unable to consent to the sexual act.
Defending Against False Allegations
At Military Trial Defenders, we work to defend our nation’s heroes against injustice and unfair treatment. Have you been falsely accused of rape or sexual assault? We can help and coach you through the best defensive steps. We often remind our clients of the rights afforded to them by the UCMJ articles. Article 31 offers military members the right to avoid self-incrimination. If you have been accused of a crime, you should not offer a statement without advice from a military attorney. If you are worried that your commander will think you are guilty if you do not make a statement, don’t.
As mentioned in the introduction, the overarching military mentality is that the accused are guilty until proven innocent. Don’t feel like you need to fight this overwhelming battle on your own. We are here to fight with you and to fight for you. Contact our office today for more information.
Give us a call at +1 877-619-9657 for a confidential consultation.
Protecting Yourself from False Allegations
While any military member can be the subject of a false allegation, there are steps military members can take to reduce their risks:
- Avoid situations that put you alone with subordinates of the opposite sex. Keep office doors open and meet in common areas.
- Be careful with alcohol use around subordinates. Excessive drinking reduces inhibitions and judgement and can lead to an appearance of fraternization.
- Never make unwanted sexual jokes, comments or advances, even if intended as benign. Perceptions matter.
- Document any questionable interactions or incidents that occur. Contemporaneous notes can help jog memories later.
- Consider reporting very concerning interactions to your chain proactively (after seeking legal advice).
- If accused, immediately contact a military lawyer and invoke your Article 31 rights. Do not provide statements without an attorney.
Administrative Consequences of Sexual Assault Allegations
Even if formal charges are not preferred, administrative consequences can still follow before, during, or after the investigation. Commanders have options such as:
- Letter of reprimand or adverse evaluation reports
- Loss of responsibilities / leadership positions
- Blocks on future promotions or schools
- Administrative Separation Board
- Non-judicial punishment
- Loss of security clearance
A military lawyer can help navigate the process to attempt to minimize administrative actions, especially if the member is ultimately cleared of the accusation. An other-than-honorable discharge characterization can mean loss of VA benefits.
Facing a false accusation? A seasoned military sexual assault defense attorney can navigate the complexities of the UCMJ and protect your rights.
Give us a call at +1 877-619-9657 for a confidential consultation.
