USMC E-4 engaged in consensual sexual activity with a fellow Marine while she was TDY for a school, who happened to be engaged to be married. Following their sexual encounter, the female Marine PCSed to her permanent duty station. The two continued to keep in touch via text messaging, to include friendly and flirtatious messages with each other. When the female Marine’s fiancé discovered the text messages, however, he became upset. Thus, over four months after it happened, the female Marine claimed that the sexual activity that occurred with our client was actually a “rape.” Charges were referred to trial by General Court-Martial, where our client faced the possibility of confinement for life, a dishonorable discharge, and a sex offender registration. Prior to trial, the defense presented evidence of the friendly text messages, her motive to fabricate, and numerous inconsistent statements, yet the chain of command did not halt the court-martial proceedings. During our continued pretrial investigation, we uncovered information that our client was not the only Marine with whom the alleged victim engaged in sexual activity while attending the course. We submitted notice to the trial counsel, and to the alleged victim, that the defense intended to present evidence of these incidents of sexual activity with other Marines, including asking her (now) husband about them. The very next day, the alleged victim sent a letter to the convening authority declining to participate in any further judicial proceedings against our client. The charges against our client were subsequently WITHDRAWN AND DISMISSED, meaning our client will not even have to go through the stress and anxiety of a court-martial to clear his name.
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