"Ei Incumbit Probation Qui Dicit."

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

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Lawmakers Call for Army Child Sex Abuse Transparency

Three U.S. Senators are now calling for more transparency in the military judicial system following a revealing Associated Press report last month. In the report, investigators concluded that nearly a third of all military inmates were serving time due to child sex abuse charges.

As the Hill reports, Senators Barbara Boxer (CA), Mazie Hirono (HI), and Kirsten Gillibrand (NY) issued a letter to the Pentagon on December 8, citing further details discovered by the AP concerning the public's access to military justice information. "The lack of transparency in the military justice system calls into question the integrity of the institution and hides the system's shortcomings," the senators wrote. "While there may have been legitimate reasons for some of these decisions, it is prohibitively difficult to independently assess the decisions in a timely manner since the military services do not include legal records or trial outcomes in an online database like the civilian court systems."

Even using Freedom of Information Act requests, reporters found that access to UCMJ documents were difficult to access. Once they were, there were concerning gaps in the information provided-- especially concerning pre-trial deals that were struck to give convicted child abusers less time in prison. In their letter, the senators were also concerned with a lack of consistency in the reporting of these cases between Family Advocacy Program and the Sexual Assault and Prevention Response Office (SAPRO) report that Congress reviews every year.

"This is Incredibly Alarming"

Among the concerning implications in the AP report is a lack of continuity in traditional sex offender registration once convicted military members return to civilian life. While there are measures in place for the military to alert local state authorities once a convicted sex offender returns home, it was found that that this agency-to-agency cooperation was inconsistent and rarely accounted for when those offending service members moved.

For Senator Gillibrand, this is not the first time she has pushed for changes in the military justice system. An outspoken voice in the efforts to stem the frequency of sex abuse among military personnel, she earlier this year tried to propose the installation of independent prosecutors into the military justice process to fight rampant cronyism. That proposition failed to make it into this year's National Defense Appropriations Act.

If you are a military service member that has been accused of a sexual offense, then retaining experienced and proven legal counsel is essential. Joseph L. Jordan, Attorney at Law is a trusted and sought-after military defense lawyer who has secured positive results for service members stationed all over the world. A 10+ year veteran of the U.S. Army, Attorney Jordan is well-versed in both UCMJ procedure and military culture and ensures that his clients receive every consideration they are owed under the law.

Start exploring your defense options with a capable legal advocate today. Contact our firm to request a free case evaluation.

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