Defending Military Sexual Assault Allegations

We had the privilege of defending a Lieutenant Colonel who was falsely accused of sexual assault. A combination of investigation and strategic questioning of witnesses resulted in the witness admitting she did not believe she was sexually assaulted.  She also realized she was not a victim. With these stunning revelations during the cross-examination of this witness, the client was acquitted. While flying home, I started thinking about the changing landscape of military justice and what it takes to defend sexual assault in today’s military successfully.

The United States v. Wilkerson

The case of The United States v Wilkerson was groundbreaking.  A highly respected Air Force Officer was convicted of sexual assault wrongfully. Air Force Lieutenant General Craig Franklin reviewed the case under his authority as the Commander and court-martial convening authority. He overturned the conviction following military law, due process, and justice. The decision led to criticism and backlash.

The Aftermath

Multiple Military commanders made similar decisions to overturn convictions not supported by evidence.  The result was a delay in their promotions. Due to the perceived public outcry and the alleged “rape culture” in the military, legislation was passed in 2014 and signed into law by President Obama.  This legislation radically changed the Uniform Code of Military Justice (UCMJ). As a result of the changes, Convening Authorities have had their ability to correct unjust courts-martial stripped away.  Military members facing allegations of sexual assault now face mandatory minimum punishments and the possibility of lifelong sex offender registration.

UCMJ Changes under Obama Good or Bad for Military?

The changes may seem like bad news for military members facing misconduct allegations, but there is good news.  A case adequately presented to an impartial court-martial panel can receive a fair trial. Military court-martial panel members (juries in the military system) can keep an open mind. We have repeatedly won acquittals for our military service member clients in sexual assault, abusive sexual contact, and similar cases.

Constitution Matters

Despite our sensitive world and the impact of hot-button political issues on military justice, the Constitution matters. While members have the right to a jury trial, these cases can be fought and won with experienced counsel. Military members' rights protection is an increasing challenge.  They should always keep the following principles in mind.

• Remember your Article 31 Rights.  You can remain silent!  Anything you say to any law enforcement officer or military member can and will be used against you.

• Anything you say in an email, text message, or social media platform can and will be used against you during the investigation and trial.

• Use a knowledgeable defense attorney. Defending sexual assault cases effectively requires an attorney with experience.  They must also have a complete understanding of complex legal issues, expert witnesses, and forensic evidence.

• Your decisions will impact your career. Despite your accomplishments, when facing allegations of sexual harassment, fraternization, or sexual assault, every decision made will affect your future.

• Never waive any of your rights or your right to a trial by court-martial members (Jury) without the advice and guidance of an experienced criminal defense attorney who understands the military system and your options.

While every case is unique and the legal and political landscape changes, Thomas Jefferson’s wise words remain true.

Our Attorneys

If you or someone you know is facing misconduct allegations, please protect your rights. You should consult an experienced attorney with the knowledge and expertise to protect your rights. The attorneys of Crisp and Associates Military Law are worldwide leaders in military justice and court-martial defense. Our attorneys consist of former military judge advocates, a law enforcement officer, and others who have served in the Army, Navy, and Air Force or worked closely with the other Uniformed Services. Our attorneys have handled every military law matter, from simple non-judicial counseling to defending Soldiers who appeared on the front pages of newspapers and magazines worldwide. , They have been on both sides of the aisle: prosecution and defense. We have handled matters from Seaman Recruit to general and flag officers. Additionally, they have served at every level of the chain of command from a platoon, ship, and squadron to the Secretary of Defense's office. If you are facing adverse action, Non-Judicial Punishment, or court-martial, call Crisp and Associates, LLC, for a free consultation and learn what it is like to have an advocate who speaks the language of command.