Sex Offenses Representative Cases

• 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

 

• 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.

• Air Force E-3 was charged with raping and engaging in indecent acts with a 15-year old girl. At his General Court-Martial, our aggressive cross-examination of the alleged victim established countless inconsistencies in her version of what occurred. Further, we presented evidence of our client’s innocent state of mind following the night that the misconduct allegedly occurred. Result: Without even having to testify, our client was ACQUITTED of all charges against him.

• 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.

• Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented forensic expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him.

• Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a "Civilian Conviction" under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy.

• 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.

• 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.

• Air Force E-7 was charged 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. Three years later, 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 three years earlier. In addition, the military judge also permitted a former Air Force E-3 to testify that our client had indecently assaulted her 17 years earlier 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.

• A Navy Master Chief with over 26 years of military service was charged with an unprofessional relationship, sexual harassment, disrespect to a commissioned officer and wrongfully soliciting a subordinate Sailor for sexual intercourse. His command referred his case to a court-martial and our client was facing the possibility of a criminal record, confinement, and the loss of his retirement. After being retained, we conducted an exhaustive investigation into the command climate at our client’s Squadron that revealed a great deal of similar misconduct by other members of the Squadron. We were then able to negotiate an alternate disposition of the charges against our client. As a result of this alternate disposition, our client avoided a criminal record, avoided confinement, and was able to RETIRE as a Master Chief.

• A Navy Sailor was charged with assaulting a female Senior Chief with the intent to commit rape as she slept in Female CPO Berthing on their ship. Upon apprehension, the Sailor was immediately placed into pre-trial confinement where he remained until trial. After extensive pre-trial negotiations, we secured a pre-trial agreement wherein the Convening Authority agreed to dismiss the charge of assault with the intent to commit rape in return for a plea of guilty to a lesser included offense. At the court-martial, we argued that our client's time spent in pre-trial confinement was unusually harsh and warranted additional pre-trial confinement credit. The military judge agreed with us and awarded 2 for 1 credit for each day our client was confined prior to trial. As a result of the judge’s ruling, our client was released from confinement immediately following his court-martial.

• Air Force E-4 was charged with possession of child pornography and indecent acts with his 4-year old stepson. After securing a favorable pre-trial agreement on the child pornography charge, our client pleaded not guilty to the indecent acts. At his court-martial, we challenged the competency of the child as a witness and objected to his testimony. After repeated attempts by the government to establish the child’s ability to testify as a witness, the military judge sustained our objection and ruled that the child was not competent to testify. Result: Our client was found NOT GUILTY of the indecent acts charge.