Rape Charges Against Air Force Officer Withdrawn/Dismissed

Air Force O-3 was accused of breaking into a female officer’s house and raping her.  At the ensuing Article 32 hearing, we aggressively cross-examined the alleged victim, highlighting many aspects of her testimony that impeached her credibility, including (a) her multiple motives to fabricate, (b) numerous inconsistent statements, and (c) the sheer incredibility of her story.  Further, we presented the eyewitness testimony of the alleged victim’s roommate, who testified that the alleged victim was actually on top of our client during the sexual intercourse.  Despite the significant problems with the government’s case that we exposed, the Convening Authority still referred the charges to a general court-martial, where our client faced the possibility of life in prison, a dismissal from the Air Force, a federal conviction, and a lifetime sex offender registration.  Prior to trial, JAG Defense negotiated an alternate disposition on behalf of our client, which resulted in administrative action for Unlawful Entry and Conduct Unbecoming an Officer and Gentleman.  Against the advice of his Staff Judge Advocate, the Convening Authority accepted our proposed resolution of the case.  Result: All court-martial charges WITHDRAWN AND DISMISSED WITH PREJUDICE.  No confinement, no conviction, no dismissal from the Air Force, and no sex offender registration.