Wednesday, February 10, 2016

The Sensitive Nature of Military Sexual Assault Cases


The sensitive nature of military sexual assault cases makes the situation difficult for the accused, which is compounded if the person is innocent. There is no time like the present to protect your rights. Work with a former military special victim prosecutor who is well aware of these laws and how they work.

UCMJ Goal: Increase Sexual Prosecutions

Dating back to 2007, the UCMJ added amendments with the ultimate goal of increasing sexual prosecution. As a result of this overhaul, the number of sexual offense based crimes increased five times over. Article 120 was again revised by the President in 2012. The bottom line is it increased the number of offenses that a service member can be prosecuted for allegedly committing. For many, this becomes alarming as any body part could be included in sexual-based charges if the touch was construed as sexual.

More Amendments Lead to More Successful Prosecutions

If these updates were not enough, additional amendments were added as part of the National Defense Authorization Act. Services members faced a situation where they could not investigate the case and have restricted access to the person to alleged to be sexually assaulted. This continued to increase the number of successful prosecutions for sexual assault. The goal appears to be to convict anyone accused of sexual assault, even if the soldier has a stellar record and the allegations are ridiculous. The ramifications can be alarming, especially since commanders wonder if they will lose their careers unless every allegation is taken to court.

Protect Your Legal Rights

Regardless of how frivolous the allegation is, your military career and reputation are on the line and you could face serious penalties. It is imperative to hire an attorney rather than relying on hope or the fact that you are innocent. An attorney will work hard for the best possible outcome. Otherwise, a military member could lose his or her job, benefits, right to bear arms, liberty, and even be unable to live where they want.

Law Office of Jocelyn C. Stewart
1201 Pacific Avenue #600
Tacoma, WA 98402
(253) 212-9582

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