General Courts-Martial Dismissed
Military Criminal Attorney for Sexual Assault Allegations
Sexual assault cases are receiving more and more attention in every branch
of the military, and the government has continued to increase funding
for the prosecution of these allegations in each service. Our military
criminal defense lawyers are regularly asked to provide litigation training
for military defense counsel and trial counsel in the specific area of
sexual assault litigation. These cases present unique challenges for both
the defense and the prosecution, and an experienced defense team is critical
when you are facing such a serious allegation and the potential penalties
that go with it.
Between the military trial counsel prosecutors and the investigating agency,
whether OSI, CID, FBI, or NCIS, in most cases there will be a team working
to prove a conviction. The trial expertise and investigative experience
of your MJI attorneys may be the only way to level the playing field.
These cases are not the cases for a new defense counsel to try their first
case with your future on the line.
Case Preparation for the Results You Deserve
A recent example of a successful MJI sexual assault defense will show the
extent of our dedicated and exhaustive approach to defending against an
allegation of sexual assault. In this case, after 8 months of litigation,
the charges were finally dismissed in our client's favor. Here is
a sample synopsis of the stages of the case and the successful approach
that MJI used to fight the allegation of sexual assault against a Naval
Officer overseas.
Military Justice International (MJI) recently represented a Navy Officer
who was charged with one specification of Article 120 (Rape). Facing a
maximum sentence of life imprisonment, the officer retained our firm,
and our MJI attorneys immediately began an aggressive analysis into the
allegations presented. After 8 months of litigation and pre-trial preparation,
our defense team accomplished a dismissal of this serious accusation,
avoiding a General Courts-Martial altogether for our client.
Over four trips to Japan, our MJI attorneys litigated pre-trial hearings,
a lengthy Article 32 investigations, and motions hearings. Pre-Article
32 and pre-trial planning included interviews with military witnesses
in Japan, Afghanistan, Italy, Bahrain, the United States, and underway
on ships. We forced the government to produce an expert defense consultant
to evaluate the alleged victim's inconsistent statements and actions
after the allegation of rape.
To expose her motivation for a false claim, we deposed a critical witness
in whose access was initially denied by the prosecution and by the General
Courts-Martial Convening Authority. MJI litigated multiple motions to
suppress improper evidence, to demand necessary witnesses, to demand government
production of expert assistance for the defense, and to compel necessary
information to investigate the background and motives of the alleged victim.
The General Courts-Martial was set for trial as we continued to build our
case through ongoing preparation, including witness interviews, discovery,
and working with NCIS to review forensic computer evidence. On the eve
of the trial, the government prosecutors and the Convening Authority dismissed
the entire case. Our client continued his successful military career.
Anatomy of a Successful Defense
- Case Investigations
- Witness Interviews
- Article 32 Hearings
- Expert Requests
- Expert Consultations
- Demands for Discovery
- Working with Government Investigations
- Building a Character File
- Investigation of Alleged Victim’s Background
- Preparation from Prosecutor’s Perspective
- Motions Practice and Arguments
- Pre-Trial Preparations
- Trial Strategies
- Pre-Trial Motions