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