Sexual Assault – Military Sexual Assault – Not Guilty 2

US v. E8 (Sexual Assault, False Official Statement & Violating a Lawful Order)

Ramstein AFB, Germany

Client was charged with sexually assaulting one of his airmen after responding to a domestic disturbance reported between her and her husband at her residence. He was also charged with false official statement and inappropriate relationship with the alleged victim. The alleged victim had a history of violence against her husband and other individuals. She had been punished in the past by the chain of command for her indiscretions. Specifically, the alleged victim had received an article 15 for assaulting her husband on two different occasions, one of which was with a knife. Her commander suspended punishment on her rank only. On the night in question, less than 45 days later she is in another domestic dispute with her husband, so loud that the neighbors called the MPs. There was broken glass everywhere. Defense investigation learned that the alleged victim throw a wine bottle at her husband’s head. Our client shows up after the MPs to assess the situation. After the husband was taken away, and the house was cleaned up, the alleged victim took her child upstairs. She came down stairs, seduced my client, wondering if there was something to they could work out given her predicament. She was an E-5 on a suspended bust. If the chain of command found out she was the perpetrator of yet another domestic incident, they would lift her suspension busting her to E-4 and would potentially give her another Article 15. All of this would have put her past her retention control point, thus pushing her out of the Air Force. She knew this. Her husband knew this. She willingly had sex with our client and then turned around and claimed rape. She claimed rape for several reasons. One, it insured her commander would focus on the rape allegation as opposed to the 2nd domestic violence allegation. Two, she wanted to move to a duty station that was close to her family. Her plan worked. The commander did not take any action against her regarding the 2nd domestic incident. The alleged victim was moved to the states to a location that was very close to her friends and family. We diligently investigated this case. We presented our finding through effective cross examination of the witnesses as well as putting up our own witnesses. Our client was found not guilty of the sexual assault crime.

In a previous hearing he chose to plead guilty to the false official statement.

Result: NOT GUILTY OF SEXUAL ASSAULT. Guilty of inappropriate relationship and false official statement.

Sentence: Reduction to E-4.

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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