Sexual assault in the military is a serious problem. It is a crime that can have devastating consequences for victims.
Victims are often sent the message to stay quiet or risk losing their career and military benefits. This discourages them from reporting the crimes to anyone.
Unfortunately, political forces, advocacy movements/groups, and the press are pushing to convict and punish the accused in these cases. This can lead to biased investigations and trials.
Affordability
Military sexual assault cases are complex and expensive. They are also sensitive and emotionally taxing for clients whose military careers and civilian reputations are on the line. These allegations can have devastating repercussions, including a dishonorable discharge, loss of pay and allowances, and the forfeiture of veteran benefits.
Service members are often placed in pretrial confinement pending their court-martial, which is difficult for them to prepare for and can keep them from seeing loved ones. Some are even denied access to their families and children, a form of emotional abuse.
Many alleged victims lie about their claims of sexual assault for a variety of reasons, including financial incentives, fear of losing their career, or their insecurities and problems with self-esteem. Excellent military sexual assault lawyers understand this and know how to handle these cases effectively, bringing balance and reason to court-martial, where alleged victims are often the only people in the room. They can help clients avoid a biased system that punishes suspected victims for their honesty and allows predators to victimize more men and women in uniform.
Experience
Unlike civilians, service members have no choice but to report sexual assault. Early reporting allows investigators the best chance to collect evidence before witnesses forget. It also allows victims to get help before retaliation occurs.
Survivors report experiencing apprehension and anxiety about filing a report. They often fear retaliation from their superiors and are viewed as a troublemaker in the unit. They also worry about their career progression in the military.
Having a military sexual assault lawyer with experience can help. For example, a military has extensive experience defending service members accused of sexual offenses. He knows what it takes to protect rank and rights and has a track record of success in court-martial trials. Service members can also rely on his expertise to ensure that they understand their right to remain silent when questioned by law enforcement. Failing to do so may result in more fees, such as obstructing justice or making a false official statement.
Expertise
When a civilian lawyer takes on a military sexual assault case, they can offer a fresh perspective. Civilian attorneys do not have to worry about the chain of command and can focus on what is best for their clients.
Moreover, alleged victims are often offered exceptional services to help them through the process. They may have their own JAG who can assist them in meeting with defense lawyers or testifying. Additionally, they can receive programs to compensate them financially. If an alleged victim decides to continue lying, the military could charge her with providing a false official statement under Article 107.
Defending a service member facing these charges is extremely difficult. They face decades or even life in prison, punitive discharges, and placement on a sex offender registry. Additionally, a conviction will cause pay, allowances, and veteran benefits to be lost. A seasoned attorney will fight to protect their client’s rights and freedoms in this challenging climate.
Reputation
In the military, sexual assault is a grave crime with high stakes. Service members accused of these crimes face years in prison, dishonorable discharge, and other severe repercussions.
These consequences are often even more devastating for service members who find themselves wrongfully accused. False accusations are far too common in the military. These false allegations can hurt a service member’s career, reputation, and life.
As a result, the military system puts extreme pressure on commanders and government lawyers to prosecute every allegation of rape or other nonconsensual sexual contact. Regardless of whether the alleged victim had a motive, fabricated the allegation, or did not want to come forward.
The # metoo exacerbates this pressure, and time’s up, as well as other social movements that have spotlighted this issue. In the end, this pressure is putting an incredible amount of stress on our military justice system and causing it to overreact in ways that are harmful to innocent service members.