Court Martial, Military Sexual Assault, Article 120 – Full Acquittal, Not Guilty! (E-7 – Fort Cavazos (Fort Hood))

While on a rotation to Korea, Client was accused of sexually assaulting a female infantry Soldier in his unit. Soon after they arrived in Korea, he was doing barracks checks and noticed her and her battle buddy hanging out in the smoke pit. He invited them to assist him with securing left over items from the last unit. They brought the items to his room where he offered the two Soldiers a drink. He was unaware that one of them was underage, and she never spoke up. Her battle buddy had to leave for a minute and Client and her were about to go to the smoke pit. However, she alleged that before she left, he blocked her from leaving, hugged her, grabbed her and masturbated in front of her. She didn’t report this allegation right away. In fact, she reported this incident only after my client had reported the SGT the female was seeing for a different sexual assault claim. As a result of that investigation, that SGT was sent to a different base. The female, realizing a sexual assault claim could get her sent to be with her boyfriend, made a false allegation. First, she was not supposed to be dating a SGT and had been counseled for it. Second, it was obvious to everyone in the unit what she had done. Unfortunately, it was not obvious to the legal office or the investigators. This case was a classic believe the victim scenario wherein blatant evidence to the contrary was ignored. The client was an E-7, happily married with kids who had served almost 20 years. None of those factors mattered to the investigation. Thankfully the military panel at Fort Cavazos (Fort Hood) saw this case for what it was thru our representation of the client. He was found NOT GUILTY of all charges and specifications.




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