U.S. Navy v. E6 (NCIS Investigation)
Our client was accused of raping another male Sailor of whom he didn’t not even remember. The complaining witnessed claimed to have attended the same training as our client when the alleged rape happened. Prior to being investigated by NCIS, our client received a call from an unknown number when he answered the call it was the complaining witness, to which our client didn’t know or remember the complaining witness. The complaining witness then stated to our client, “Do you remember me? You are the guy who raped me in training.” Our client remained innocent from the beginning. Shortly after this pre-text phone call, our client was called into NCIS for questioning. Prior to becoming our client, he issued NCIS a statement and NCIS suggested that our client give a polygraph. Our client then retained our services and NCIS was not given a polygraph by our client.
Result: Months later of “investigating” it was determined there was not enough evidence for Navy personnel to prosecute.
Article 120 is the military statute which defines rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact. These offenses include different types of unlawful, forced sexual activities on another person. Charges related to sexual misconduct involving a minor fall under Article 120b.