Court Martial, Sexual Assault, Article 120 – Case Dismissed! Fort Campbell, Kentucky.

Client was charged with sexually assaulting a civilian female. They met on a social media dating application and started chatting. Eventually they set a date to meet and go on a date. They meet at a hotel, engage in consensual intercourse, and then go on a date. They returned to the hotel and engaged in further intercourse, but this time condom slipped off. The alleged victim accused Client of pulling it off purposefully. Essentially this is what Client was charged with. However, as the evidence unfolded, a whole series of text messages were unveiled not the least of which included messages from the alleged victim discussing how she wanted to be “raw dogged”. For the uninitiated, the term “raw dogging” refers to sex without a condom. The alleged victim also sent very graphic text messages discussing where and how my client could ejaculate on her and in her. The case went thru several rounds of pre-trial litigation, but ultimately was dismissed. I think this case highlights a couple of issues. One, there is a trend to charge individuals for sexual assault when the alleged victim claims they didn’t use a condom on purpose. Second, never delete your text messages. The text messages my Client kept served to ultimate exonerate him because it showed the state of mind of the alleged victim despite her claims of sexual assault.




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