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Child Sexual Assault –Article 120b– Court Martial – Case Dismissed!

(U.S. Army v. E-4 – Fort Bragg)

On the eve of trial, this case was dismissed after almost two years of investigation and litigation.  Client was charged with baseless allegations of child sexual assault against his niece.  Our client was Catholic and he married into a Mormon family.  Our client’s in-laws did not like the fact that he refused to convert.  At the conclusion of a Thanksgiving visit, allegations were raised that he sexually assaulted his wife’s youngest sister.  His wife new these allegations were not true and she stood by her husband.  As the case unfolded, his wife’s brother called her to tell her that HE had abused their little sister.  His confession of abuse against his sister were the exact same as the allegations of abuse against our client.  During motions practice, the Military Judge said this evidence was highly relevant and admissible.  One day before trial, the case was dismissed as the alleged victim declined to participate, knowing what was going to happen next. 

Result:  Case Dismissed!  No Federal Conviction!