Air Force E-6 Cleared of Sexual Assault

Out of the blue, our high-performing and well-respected TSgt client was brought into OSI and informed that he had been accused of rape by another Airman. This alleged rape occurred more than 14 years earlier when our client was an A1C stationed overseas. Despite the questionable nature of the accusation, the Air Force elected to prosecute the case to the fullest extent possible. Due to the length of time between the alleged assault and the reporting, the statute of limitations barred the government from pursuing a court-martial. Instead, the Air Force initiated administrative separation proceedings against our client, seeking a UOTHC service characterization. We filed a “motion” that even administrative separation processing was barred under the existing separations AFI since our client had re-enlisted numerous times since the alleged sexual assault.  As a result, the government was forced to drop the separation processing. Coincidentally, a new separations DAFI was issued in June 2022 that permitted separation processing for events that occurred in previous enlistments. As such, the Air Force re-initiated administrative separation proceedings against our client and took him to a discharge board, where the burden of proof for the government is significantly lower than at a court-martial. At the board, the alleged victim testified that our client had sexually assaulted her 14 years earlier at a party in Germany. During our cross-examination, the defense highlighted the victim’s motives to fabricate back then (she was in relationship), her motives to fabricate now (she was applying for VA disability pay as a “victim”), and the significant inconsistencies in her story. RESULT: The board voted unanimously that our client had committed NO MISCONDUCT and RETAINED him in the Air Force.

Category: Military Success Stories

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Marine Avoids Sex Offender Registration

Our client was a LCpl in the Marine Corps who was identified by the Department of Homeland Security as having engaged in attempted child sexual abuse by communicating with minors on the social media app Whisper. In addition, NCIS conducted an undercover operation on Whisper, which also identified our client as engaging in similar behavior with minors on Whisper, to include sending them photos of his genitalia. Prior to retaining JAG Defense, when questioned by NCIS about the allegations, our client fully admitted to his misconduct and consented to the search and seizure of his cell phone, which yielded additional evidence against him. The Marine Corps ultimately charged our client with numerous violations of the UCMJ. If convicted of these charges, our client was facing 90 years of confinement, a dishonorable discharge, and lifetime sex offender registration. After extensive pretrial negotiations, we were able to secure a pretrial agreement where our client pleaded guilty only to indecent language. All sex offense charges were withdrawn and dismissed, and our client both avoided a sex offender registration and was not punitively discharged from the Marine Corps.

Category: Military Success Stories

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Full Acquittal for Coast Guard CPO

Coast Guard E-7 was accused of groping a female officer during repeated port calls in Dutch Harbor, AK. Initially, the alleged victim claimed that our client fondled her buttocks on 2 occasions. Over the course of the investigation, this allegation grew to include approximately 12-20 gropings, each one lasting anywhere from 10-60 seconds. Prior to his court-martial, the government tacked on a Drunkenness charge under Article 134. At his court-martial, we attacked the alleged victim’s credibility and changing story. Further, we called numerous witnesses during the defense case who were present during the alleged instances of groping and drunkenness, all of whom testified that our client had not behaved inappropriately at any time. RESULT: The officer/enlisted panel found our client NOT GUILTY of all charges.

Category: Military Success Stories

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Navy Chaplain Avoids Prosecution for Adultery and Sexual Misconduct

Senior Officer (O-6) Chaplain was accused of multiple instances of adultery and misconduct with a congregation member. Criminal disposition was successfully avoided, and the matter was resolved administratively.

Category: Military Success Stories

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Navy O-6 Accused of Sexual Misconduct, Allegations Unsubstantiated

Senior Officer (O-6) Commanding Officer was accused of sexual misconduct by a crew member. After an extensive investigation, the criminal investigation was closed without substantiation, and the CO finished his command tour successfully.

Category: Military Success Stories

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Attempted Murder and Rape Charges Dismissed

A Navy Sailor was charged with attempted murder, aggravated assault and rape following an altercation with his girlfriend.  The charges included allegations that he punched, strangled, and smothered his girlfriend before slamming her head into the floor until she lost consciousness.  The girlfriend then claimed that the Sailor raped her while she was unconscious.  During the incident, the girlfriend managed to call a friend’s voicemail, which captured the audio of the Sailor yelling and making threats, as well as the sound of a physical altercation.  There was also significant DNA and other forensic evidence collected by NCIS, as well as witnesses who heard the physical altercation. After being charged by the Navy and while awaiting a court-martial, the Sailor was involved in a second altercation with a different girlfriend, which led to additional charges of aggravated assault.  The Sailor was facing the possibility of life imprisonment and a sex offender registration.  Prior to JAG Defense involvement, the most favorable pretrial offer from the prosecution was that the Sailor had to plead guilty to all charges in order to receive a confinement cap of 12  years.  The Sailor’s family hired JAG Defense to represent him at his court-martial.  Over a period of months, JAG Defense negotiated an initial pretrial deal where the government agreed to dismiss the attempted murder charge and all but one assault charge for each victim.  The government intended to attempt to prove the rape charge.  During the course of our preparation to contest the rape charge, JAG Defense uncovered DNA evidence that was extremely damaging to the government’s case and definitively proved that the victim had lied about the sexual assault.  As a result, the government dismissed the rape charge the night before the Sailor’s court-martial was to begin.  Result: Attempted Murder and Rape Charges Dismissed. Client guilty only of lesser assault charges and will be released from confinement in less than a year.  No sex offender registration.

Category: Military Success Stories

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Marine Avoids Lengthy Confinement Time and Sex Offender Registration

A Lance Corporal in the U.S. Marine Corps was initially charged with eight (8) specifications of child pornography possession, distribution,  and viewing.  Later, the USMC charged him with five (5) specifications of Sexual Abuse of a Child and one (1) specification of Attempted Sexual Abuse of a Child.  All together, the charges against our client carried the possibility of almost 200 years of confinement.  At the Article 32 hearing, our cross-examination of the NCIS agent demonstrated the weakness of the government’s case on the child pornography charges.  Using that as leverage, we negotiated a plea agreement with the government where our client accepted responsibility for Abusive Sexual Contact with a minor (for sending sexually explicit texts and emails).  In exchange, the government agreed to Withdraw and Dismiss With Prejudice all remaining charges against our client.  He was sentenced to “time served” and released from confinement that day.  While he did receive a punitive discharge, he will not have register as a sex offender in his home state.

Category: Military Success Stories

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Rape Charges Against Air Force E-4 Withdrawn and Dismissed

Our client was charged with raping/sexually assaulting his wife.  Immediately following the alleged incident, our client’s wife went to the hospital where medical personnel treated her for an injury in her vaginal area.  In addition, our client allegedly made statements admitting that he raped his wife to his best friend and to a marital counselor.  JAG Defense was retained after the Article 32 hearing and after charges had been referred to trial by General Court-Martial.  Our investigation identified numerous inconsistent statements by our client’s ex-wife, as well as multiple motives to fabricate her allegations, to include adulterous relationships and her identity theft/credit card fraud using our client’s identity.  Armed with this information, we were able to negotiate an alternate disposition on behalf of our client, which included the government’s agreement to WITHDRAW and DISMISS all charges against our client – No Conviction, No Sex Offender Registration, No Confinement, and No Punitive Discharge.  Further, we were able to negotiate a General (Under Honorable Conditions) characterization for our client, which guarantees his continued eligibility for Veterans’ Benefits.

Category: Military Success Stories

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Sexual Assault Charges Withdrawn and Dismissed Against Coast Guard Petty Officer

Coast Guard E-5 was charged with sexually assaulting a female co-worker.  After excessive drinking at an off-base party, our client was videotaped and photographed with the alleged victim in the bathroom, helping her to stand and holding her hair back while she vomited.  There were also pictures of the alleged victim passed out with her head on the toilet.  After numerous people assisted in carrying the alleged victim to a guest bedroom, our client returned to the party.  Approximately 20 minutes later, our client was found in the alleged victim’s bed with her.  Neither of them were wearing pants.  The next morning, the alleged victim had no recollection of our client being discovered in her bedroom.  Our client was charged with sexual assault and attempted rape due to the alleged victim’s intoxication level.  Despite the significant evidence against our client, JAG Defense was successful in negotiating a pretrial agreement wherein the sexual assault charges against our client were WITHDRAWN and DISMISSED.  Result: No punitive discharge and no sex offender registration.

Category: Military Success Stories

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Sexual Assault Charges Dropped Against Army E-6

Our client was a Platoon Sergeant accused of sexually assaulting numerous junior female Soldiers within his Platoon, as well as kidnapping.  The fact that there were multiple female Soldiers independently making very similar allegations against our client created a very difficult and dangerous situation for our client.  Our client was facing a sex offender registration, confinement for life, and a dishonorable discharge.  Through lengthy negotiations with the chain of command, we were able to convince the Commanding General to WITHDRAW and DISMISS the most serious charges against our client, including the sexual assault and kidnapping charges.  Our client pleaded guilty only to assault and battery and having inappropriate relationships with female Soldiers in his Platoon.  Result: Our client will serve only 50 days of confinement, and will not have to register as a sex offender.

Category: Military Success Stories

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