Sexual Assault – Military Sexual Assault – NOT GUILTY 10

Fort Carson, Colorado

Client was charged with Article 120, Article 120b, Article 128 and Article 134 under the UCMJ. Client was specifically charged with several varieties of sexual abuse of a minor, assaulting several minors and obstruction of justice. The alleged victim was our Client’s biological daughter. In the fall of 2015, after getting in severe trouble for misconduct at school, the alleged victim was asked by medical professionals if she had been sexually abused. She stated that she had. One day later she recanted the allegation. The allegation was never recorded formally. However, the defense discovered that she had written several journal entries on how she made all of the allegations up. The defense also discovered several witnesses who provided information and testimony that she was telling multiple inconsistent stories about what allegedly happened. A year later, after getting in severe trouble for misconduct at school and at home, the alleged victim again alleged sexual assault against our client. He was subsequently charged. The case itself was delayed because the Government Counsel failed to provide vital defense witnesses for trial. Once the trial actually occurred, the alleged victim told yet a different story at trial. In sum, the alleged victim was confronted with all of the lies she had spoken and written. Further, we were able to contact and secure the testimony of 4 different maternal figures in the alleged victim’s life as she grew up. They all testified that she was a liar and a manipulator. During the trial, we successfully cross examined the Government expert on the issue of recantations. Specifically, we were able to secure testimony from the government witness that 90% of original recantations are actually true. Over the course of the trial, the Government failed to put on evidence for three different charges and specifications. The Judge granted our motions for findings of not guilty as a matter of law on one of the sexual assault charges, one of the assault charges and one of the obstruction charges. The military panel found our client not guilty of the remaining charges and specifications.

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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