Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges

Air Force E-7 was charged in 2004 with raping an Army E-3 while both were TDY to Germany. Due to our representation at his General Court-Martial, he was found NOT GUILTY of the charge against him (additional details below). In 2007, the same client was charged with indecently assaulting and attempting to commit forcible sodomy with an Air Force E-4 while TDY to Turkey. At his second General Court-Martial, the military judge permitted the previous alleged victim to testify again regarding the alleged rape from 2004. In addition, the military judge also permitted a former Air Force E-3 to testify that our client had indecently assaulted her in 1990 while TDY to Oman. Despite the apparent pattern of sexual assaults in TDY environments, we were still able to convince the officer member panel that our client was NOT GUILTY OF ALL CHARGES against him. 

Category: Military Success Stories

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Sexual Assault Charges Withdrawn and Dismissed for Air Force Doctor

An Air Force doctor was charged with sexually assaulting 6 female patients during medical appointments. We highlighted numerous problems in the government’s case, and successfully convinced the command to WITHDRAW AND DISMISS all sexual assault charges. Instead, our client pleaded guilty only to an orders violation for failing to wear gloves and have a chaperone during his physical examinations of his patients. Result: Our client avoided a sex offender registration and received a General (Under Honorable Conditions) separation from the Air Force. 

Category: Military Success Stories

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Air Force O-4 Acquitted of Sexual Offense Charges

Air Force O-4 was charged with Indecent Acts with a Child, Conduct Unbecoming an Officer by engaging in sexual advances toward female subordinates, a variety of assaults and battery on junior enlisted personnel, and drunk and disorderly conduct. He pled guilty to Assault on a Child under Sixteen, several of the Assaults, and Conduct Prejudicial to Good Order and Discipline. He was only convicted of one assault to which he did not plead guilty. He was acquitted of all sexual offenses, thus avoiding sexual offender registration. In sentencing, the Government argued for Dismissal from the service and three years confinement. Our client was sentenced to only 45 days of confinement and forfeitures, and NO DISMISSAL. 

Category: Military Success Stories

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Navy E-4 Charged with Statutory Rape, Avoids Sex Offender Registration and Jail Time

Navy E-4 engaged in a 9-month sexual relationship with a 14-year old girl. This relationship included the girl taking numerous nude pictures of herself and sending them to our client, which constituted the possession of child pornography. Our client was charged with carnal knowledge, possession of child pornography, and sodomy with/on a child under the age of 16, and was facing the possibility of 50 years confinement and Dishonorable Discharge. Using evidence we developed through cross-examination of the witnesses at our client’s Article 32 hearing, we were able to convince the chain of command to handle our client’s case administratively, rather than at a General Court-Martial. Result: Our client did not serve a single day in jail, will not have a criminal record, will not receive a punitive discharge from the Navy, and will not have to register as a sex offender.

Category: Military Success Stories

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Homosexual Sexual Assault Charges Withdrawn and Dismissed for Coast Guard E-6

Coast Guard E-6 was charged with homosexually assaulting and stalking 2 subordinate petty officers on numerous occasions. He was also charged with breaking into one of the petty officer’s homes and assaulting him. While that investigation was pending, our client engaged in separate misconduct, to include shoving and cursing a warrant officer and punching another petty officer after a day of prolonged drinking. Our client was facing a dishonorable discharge, confinement for life, and would have had to register as a sex offender. At the Article 32 hearing, our aggressive cross-examination of the alleged sexual assault victims highlighted significant credibility problems. As a result, in exchange for guilty pleas to the subsequent misconduct, we convinced the command to WITHDRAW AND DISMISS WITH PREJUDICE all sex allegations. At our client’s court-martial, we litigated four remaining allegations, including housebreaking and assault. Our client was found NOT GUILTY of the remaining allegations. Based upon his guilty pleas, he was sentenced to only 30 days confinement and NO DISCHARGE. 

Category: Military Success Stories

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Navy E-7 Successfully Defended by JAG Defense in Aggravated Sexual Assault Trial

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

Category: Military Success Stories

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