Navy E-7 was charged with Aggravated Sexual Assault and Fraternization following a night of partying with his female Division Officer and other junior Sailors. His Division Officer alleged that he sexually assaulted her while she was substantially incapacitated due to intoxication. The government secured the services of a forensic psychiatrist who assessed the alleged victim and was prepared to testify that her memory of the alleged sexual assault was credible and that she was incapable of consenting to the sexual acts that she alleged had occurred. The attorneys at JAG Defense litigated a motion to prevent the government’s expert witness from being permitted to offer such testimony, which was granted by the military judge. At trial, our cross-examination of the alleged victim highlighted the various inconsistencies in her story, as well as a significant motive to fabricate her allegations against our client. Result: The Officer and Enlisted Member Panel found our client NOT GUILTY of Aggravated Sexual Assault. Our client was convicted only of Fraternization, and received No Confinement, No Punitive Discharge, and No Sex Offender Registration
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