U.S. Army v. 0-2 (Article 120) Sex Assault
Fort Moore (Fort Benning), Georgia
This case started at West Point during 500th night. Our client met a young lady who was visiting from UNC. She was supposed to be spending time with another West Pointer that she had been dating. That individual decided that he did not want to spend any time with her so she started to look around at our options. The night before the ball she met and spent a significant amount of time with our client. The next day after the ball they spent more time together. She ended up taking him to her room, where they engaged in consensual sexual acts. They were about to have sex and she said no and our client feeling awkward decided to leave.
Apparently, she woke up the next day and regretted her actions…and decided to distance her self from our client. She was clearly distraught….and asked as such.
When she got home, she was asked by her mother how the date and the ball went. Instead of telling her overly religious mother the truth, she decided to lie and state she was sexually assaulted. Further she said that she was bleeding profusely and had to go to the doctor.
The case was investigated for over a year. The alleged victim decided not to participate in a court martial. She did not even participate in the board of inquiry itself.
We secured a sexual assault nurse examiner as an experienced to provide some advice. The alleged victim’s mother claimed that our client gave her a 2-inch tear inside her vaginal wall. No medical records were provided to substantiate this. Additionally, she claimed she bled profusely for 5 days. So, after consulting with our SANE, we learned that a 2 inch tear is extremely unlikely to occur during digital penetration. We were able to put on credible evidence that the bleeding described was consistent with the alleged victims menstruation cycle.
We spent a significant amount of time prepping our client to testify. He was credible and told the truth. Additionally, we called individuals who knew him best to describe his character for truthfulness and his character for respect to women. One of our witnesses was another West Point LT. The Board did not deliberate long. They found no basis and retained him.
Case Result: NO BASIS TO SEPERATE!! NOT GUILTY! RETAINED!!
Joseph Jordan is an accomplished, experienced Military Criminal Defense Attorney who specializes in defending ALL service members against violations of the UCMJ. He believes in and seeks out Justice for Soldiers, Sailors, Coast Guardsmen, Airmen and Marines worldwide.