Courts-martial are military courts that try the serious offenses of accused service members. As in civilian courts, a jury sits in on most court-martial cases. However, the selection process differs greatly, especially for Article 120 cases addressing sexual assault and rape. Learn about the differences and how a military defense attorney can help ensure you … Read more
The Department of Defense has passed multiple reforms in recent years as it attempts to stamp out sex crimes in the military. Despite this, the estimated rates of sexual harassment and sexual assault remain alarmingly high. According to a RAND study released in 2021, roughly one in 16 women and one in 143 men experience … Read more
Rape and sexual assault charges can be serious and life-changing for anyone, especially if you’re in the military. You risk losing your career, ranking, allowances, and pay if you are convicted. You may even have to register as a sex offender or end up in prison. Unlike civilians who are tried in civilian court, on-duty … Read more
On December 10, 2020, the US Supreme Court ruled that military rape cases occurring between 1986 and 2006 are no longer subject to a statute of limitations. This 20-year legal gray area has fluctuated between having and not having legal time limits for rape cases several times in recent years. What is a Statute of … Read more
In United States v. Gilpin, the sexual assault conviction is reversed by the Navy-Marine Corps Court of Criminal Appeals (CCA). According to the CCA’s review, the conviction was based primarily on testimonies from the alleged victim, which were deemed “factually insufficient.” The victim claimed they had been unconscious due to heavy intoxication while the accused sexually assaulted them, … Read more
In a relatively short span of time, the United States Armed Forces has pushed a revitalized campaign to penalize alleged criminal offenders in the ranks. The Air Force Academy added protections for service members who report sexual assault, the Uniform Code of Military Justice (UCMJ) was updated to distinguish domestic violence from assault, and United States Secretary … Read more
In United States v. Schloff, 74 M.J. 312 (CAAF 2015), the Court of Appeals for the Armed Forces (CAAF) maintained the definitions of sexual contact in military criminal justice settings. In particular, it held sexual contact described in Article 120(g)(2) can be defined by body-to-body contact and/or object-to-body contact. Perhaps more importantly, though, it and the Army Criminal … Read more
In September 2018, the United States Court of Appeals for the Armed Forces (CAAF) reversed the 2015 sexual assault conviction in the Navy case of U.S. v. Barry. At the time, the reason for the reversal as well as the steps to follow in order to complete it seemed questionably and overly complicated. However, the situation only continues … Read more
The Navy-Marine Corps Court of Criminal Appeals (CCA) recently deemed Colonel Wilson’s child sex abuse conviction to be factually insufficient, with a focus on inconsistent testimonies from the six-year-old child who alleged the abuse. Not only did the CCA question the validity of the conviction, but it did so with multi-thousand-word opinion piece rarely seen before in … Read more
On September 5th, 2018, the United States Court of Appeals for the Armed Forces (CAAF) ultimately agreed to reverse the original sexual assault conviction in the Navy case of United States v. Barry. However, the process to undo that conviction and reach a new conclusion is largely contested, with the CAAF split as to how to decide and … Read more