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
A recent ruling by the 9th US Circuit Court of Appeals in San Francisco has set a new precedent for sexual assualt survivors to be able to sue not only their assailants but also the Defense Department. Retired Army Col. Kathryn Spletstoser v. retired Air Force Gen. John Hyten The ongoing Federal lawsuit of retired … Read more
The Department of the Air Force recently released DAF Instruction 36-3211, which increases support for sexual assualt victims, promotes accountability and prevention, and outlines the discharge steps to be taken for separation. DAFI 36-3211 7G: Sexual Assault DAFI 36-3211 describes sexual assault as rape, sexual assault, aggravated sexual contact, abusive sexual contact, or attempts to … 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
An army judge rules to require a unanimous guilty verdict during a sexual assault case, sparking discussion of requiring unanimous verdicts in military court. Military and civilian court cases operate under different sets of laws, processes, and sentencings. These differences include court proceedings and regulations where military courts do not always align with the standard … 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