Sexual Assault – Article 120 – Military Sexual Assault – Not Guilty

US Army v. E-4 (Sexual Assault)

US Army Garrison Wiesbaden, Germany

Client was accused of sexually assaulting a fellow female Soldier in the barracks. Essentially, he was accused of taking advantage of a female after she had consumed some alcohol. Our client was born in the United States, but raised in Mexico. We were able to secure a translator who was also an Army Trial Defense Services Attorney to assist the Client. Once the investigation kicked off, Client did the inadvisable and waived his rights and gave a statement. Thankfully his statement was the truth. Client detailed step by step what he did that evening including who he texted, where he went and that he did indeed have consensual sex with the alleged victim. Over the course of the statement, he pointed to his upper chest and told the agent that the alleged victim in the case had kissed him, leaving marks. The agent did not bother to look under our client’s shirt. However at trial we were able to show the Military Panel the Agent’s bias. After reviewing all of the texts messages between our client and several parties, the Defense team was able to put together a timeline detailing exactly where our client was and when. The Defense team also secured electronic key entry logs to our client’s room, detailing when he entered the room. This fact was important because we were able to provide irrefutable evidence that our client initially went to the alleged victim’s room, they began to make out, and then when she indicated she wished to have sex, our Client returned to his room, retrieved two condoms and returned to engage in consensual sex with the complaining witness. The Client had revealed in his statement and at trial that he had used two condoms. Over the case of the investigation, the alleged victim provided a variety of inconsistent statements. When it was revealed to her boyfriend that condom’s were used, even the alleged victim’s boyfriend doubted her. The alleged victim was impeached a number of times on a number of falsehoods. At the end of the trial, the alleged victim could not hide behind her lies any longer and our client was found NOT GUILTY!

Result: FULL AQUITTAL! Special Thanks to CPT Sam Conrad, CPT Erin Maloney and CPT Alberto Delgado of the US Army Europe Trial Defense Services!

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.



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