Sexual Assault
A Military Sexual Assault Attorney Fighting for You
The military works very hard to maintain a sense of honor in everything, and members of the armed services worldwide are expected to uphold that same honor in any scenario. Despite this, many servicemen and women are accused of committing such sex offenses as rape, sexual assault, child pornography, indecent exposure and more.
An allegation of a sex crime can result in military investigations that may conclude with demotion, discharge , or court martial. Additionally, criminal charges can result in a wide variety of penalties, such as prison time and registry as a sex offender.
While those charged in criminal court must be found guilty to face these penalties, those accused in a military investigation can suffer many punitive and career-altering consequences without conviction.
Fighting Military Sexual Assault Allegations
Fighting military sexual assault allegations can be complex and requires careful consideration and the assistance of specialized legal counsel. Our military attorneys recommend the following:
- Seek Legal Representation: A military sexual assault attorney from the Federal Practice Group specializes in handling sexual assault cases within the military justice system. We have successfully presented thousands of cases before the Uniform Code of Military Justice (UCMJ).
- Preserve Evidence: Collect and preserve any evidence that may support your defense. This includes text messages, emails, social media interactions, and any other relevant documents or communications that can help prove your innocence.
- Observe Your Rights: Be aware of your legal rights, such as the right to remain silent and the right to have an attorney present during any questioning by military law enforcement.
- Understand the UCMJ: Familiarize yourself with the UCMJ, which is the set of laws and regulations that govern the military. This will help you understand the charges you may be facing and the potential consequences.
- Gather Witness Statements: If there were any witnesses to the alleged incident, collect their statements, if possible, to support your side of the story.
- Prepare a Strong Defense: Work closely with your attorney to build a strong defense strategy. This may include challenging the credibility of the accuser, presenting evidence that contradicts their claims, or raising legal arguments based on the specifics of the case.
- Consider the Consequences: Understand the potential consequences if you are found guilty of military sexual assault, which can include confinement, discharge, and a criminal record. Be prepared for the possible impact on your military career and future civilian opportunities.
- Stay Informed: Stay informed about the progress of your case and be prepared for the legal process, which may involve a court-martial or other military legal proceedings.
- Maintain Your Emotional Well-Being: Legal proceedings can be emotionally draining, so it’s important to take care of your mental and emotional health throughout the process. Consider seeking support from a counselor or therapist.
A Military Sexual Assault Attorney You Can Trust
Fighting a military sexual assault charge can be complex, stressful, and emotional. Our military sexual assault attorneys are highly specialized in defending those accused of military sex crimes and have been actively involved in changing the legal landscape for those accused. Since many investigations take place around the world in army bases and even in combat zones, we travel to you to represent you in the best way possible.
Our team of military attorneys understand how much is at stake and will build a solid case to give you the best chance at success. Contact us today to schedule a consultation.
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Frequently Asked Questions
It is suggested you seek an attorney the moment you are notified of possible disciplinary action. There is a wide range of disciplinary action a service member might face, and the consequences of those actions vary greatly. A military law attorney can discuss the possible consequences, and how best to proceed in your particular case.
Service members have the right to always remain silent. This right is listed in Article 31(b) of the Uniform Code of Military Justice. The natural inclination is to explain why you are not guilty of the allegation. However, the military will always try to use the statement against the service member. For this reason, we always advise clients to exercise their right to remain silent under Article 31(b). The military cannot use your right to remain silent against you.
You always have the right to consult with an attorney. Depending of the type of investigation or disciplinary action, you may also have the right to have an attorney present with you. It is best to discuss your particular situation with a military law attorney to understand if that right applies to you.
Yes, each one of the branches has a Court of Criminal Appeals. If you receive either a punitive discharge or in excess of 1 year of confinement, you have the right to an automatic appeal. Just like at the Court-Martial, you will have be detailed a military appellate defense counsel.
Yes, most service members will be entitled to either an administrative separation board (or, if an officer, a Board of Inquiry). Each branch requires the service member to have been in a certain number of years before they can request to appear before a Board. If you are entitled to a Board, you will have the right to appear with a defense counsel, and present a defense before three Board members.
It depends on what the legal issue, and how you are able to challenge the legal issue. The military law attorneys at FPG have represented service members at trial that resulted in a not-guilty verdict. These clients were able to continue their military career as though the Court-Martial never happened.