U.S. Army v. E-5, (Sexual Assault, Sodomy, Desertion, False official Statement)
Fort Hood Texas
Client was wrongly accused of sodomy and sexual assault over 5 years ago at Fort Hood Texas. He was invited out of his room to a costume part where his eventual accuser was attending. They talked, they danced. The topic of her breast implants came up. Client and his roommate offered their rooms and the apartment as a place to stay to all of the folks attending the party. The prosecutrix specifically chose Client’s room. She chose to sleep in his bed when she had other options, including sharing the other room with another female. She slept in his bed. He came to bed later after the party was cleaned up. It was a small bed, and he had to sleep on his side. Later, he woke up to her grabbing his arm, putting it on her breasts, and her bumping and grinding her butt into his groin area. He perceived that she was awake and proceeded to engage in sexual actions with her to which she did not protest. Her actions and words indicated that she was consenting to his actions. However, she had drunk alcohol the night prior. At least 4 hours prior. She was a military police officer and was not permitted to drink alcohol within 8 hours of her shift. When the sexual act occurred, she had to go to work within the hour, and she had stopped drinking a mere 4 hours earlier. Everyone knew she had drank. She drank a fair amount. She went to work, drew her weapon, drew her car, started on patrol….and later that day reported. Everyone also knew she slept in the room with Client. The unit that both Client and the prosecutrix were in was known for spreading rumors. Given the circumstances of the night, the accuser’s motive to lie, and Client’s uncontroverted character for truthfulness it, Client had a great case against the sodomy and sexual assault charges he was facing. Unfortunately, when he was initially questioned, he declined to admit that he had any sexual interaction with the accuser. A few weeks later, he decided to tell the whole story as to what happened. Client went to the Article 32 hearing and it appeared to have went well. He learned that a favorable ruling was likely. But he also learned that the unit was going to prosecute him no matter what, so he made the unfortunate decision to leave his unit.
RESULT: NOT GUILTY OF ALL SEXUAL ASSAULT CHARGES, NOT GUILTY OF SODOMY, Guilty of Desertion and Guilty of False Official Statement.
SENTENCE: Results Available on Request.
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.