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Sex Assault – Military Sexual Assault – FULL AQUITTAL!

U.S. Air Force v. E-3 (Article 120) Sex Assault

Beale AFB, California

Client was 19 and fresh out of tech school when he was confronted with a false allegation of sexual assault. The alleged victim never said she was sexually assaulted, OSI stated that for her. All she reported was that she remembers things going black for about 30 minutes to an hour and when she became aware our client was on top of her. Prior to coming to the room, she had flirted with our client via Snap Chat and Tinder. She called him a fuckboy. She messaged several other guys, with whom she had previous relationships, in order to see if they would take care of her. Only our client agreed to spend time with her. It was the first time they had spent any time with each other…and it was to be the last time. Our client walked from his building 150 yards to her building to meet her outside her building. He then walked her back to his building, in the dark, walked up three flights of stairs and into the room. Somehow, she claims she lost 30 minutes to an hour of time. When she became aware again, she participated in sex. After sex ended, she went and vomited…and eventually came back to bed. She woke up again and had consensual sex with our client again. Our client was charged with the first sexual interaction, not the second.

Client was brought in for questioning on two different occasions. He agreed to participate in a polygraph. After the polygraph he was informed that he failed and the OSI agents immediately began to question him about what they believed happen. OSI eventually coerced what they thought was a written confession. Client was charged with sexually assaulting her when she was asleep.

When we picked up the case, the first thing we did was have all of the recorded interviews transcribed. Then we carefully reviewed the transcripts of the interviews to unpack what happened. We discovered that our client told the agents was that he would say whatever they wanted in order to progress the case. Throughout the interview he maintained his innocence until he felt the only way he was going to leave the room was to say what the OSI agents wanted to hear.

At trial I thoroughly cross examined the alleged victim. The alleged victim was able to describe in detail everything that happened when she immediately walked into the room, and everything that occurred after 30 minutes to an hour of time missed. She also stated that she was not sure if she was asleep. This was the crux of the charge. Also during trial, I was able to expose the OSI agent’s coercive tactics for what they were. In a Judge Alone trial, our client was found NOT GUILTY!

Case Result: NOT GUILTY

OUR CASE RESULTS

A TRACK RECORD OF SUCCESS

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