Virginia Military Rape Defense Attorney

Defense from Our Military Sex Crime Attorney

Article 120 of the Uniform Code of Military Justice (UCMJ) describes the crimes of rape and sexual assault, as well as several other assaultive sex crimes. The first two offenses listed in the statute, rape and sexual assault, are similar inasmuch as they both involve the use of force in order to commit a sexual act upon another person.

The legal definition of "sexual act" includes any degree of vaginal, anal or oral penetration by the penis or any other body part on the part of the perpetrator, whether the act is carried out for any of the following purposes:

• Abusing
• Humiliating
• Harassing
• Degrading
• Arousing a sexual desire
• Gratifying a sexual desire

These offenses are not restricted to the rape of a woman by a man, and they can include incidents occurring during hazing.

Accused of rape in the military? Contact us today at (888) 490-0876 for a confidential consultation with an experienced defense attorney.

UCMJ Article 120

UCMJ Article 120 lists out several different conditions under which the commission of a sexual act may constitute either rape or sexual assault. Generally, the difference between the two offenses is one of a degree of force or violence. For example, if the act is carried out through threats or actions which place the victim in fear that he or she will be killed, grievously injured or kidnapped, the crime will likely be charged as rape. Sexual assault is more commonly charged in cases where the threats simply placed the victim in fear.

Possible Defenses in Military Rape Cases

In military rape cases, there are several potential defenses that can be used to challenge the allegations. Understanding these defenses can be crucial in building a strong case.

• False Accusations
  One of the most common defenses is that the accusations are false. This could be due to a personal vendetta, misunderstanding, or a motive to harm the accused. A skilled defense lawyer will investigate the situation to uncover any potential biases or reasons for false allegations.
• Lack of Evidence
  If there is insufficient evidence to support the claim of rape or sexual assault, the defense may argue that the case should be dismissed. The prosecution must prove the allegations beyond a reasonable doubt, and if evidence is lacking, it may not be possible to secure a conviction.
• Consent
  In some cases, the defense may argue that the sexual act was consensual. This is often a difficult defense but can be successful if there is proof, such as text messages or witness testimony, that indicates both parties agreed to the act.
• Mistaken Identity
  Sometimes, the accused may be falsely identified as the perpetrator. Mistaken identity can occur if the victim or witnesses incorrectly identify someone. The defense would focus on providing evidence that the accused was not involved in the alleged crime.

Each of these defenses requires a thorough investigation, careful review of evidence, and a strategic approach by a military defense lawyer.

Penalties for Rape and Sexual Assault Under the UCMJ

Under UCMJ Article 120, military members convicted of rape or sexual assault face severe penalties. The consequences can be life-changing, and include:

• Confinement
  A conviction may result in long-term imprisonment, ranging from several years to life, depending on the severity of the offense and the circumstances.
• Dishonorable Discharge
  One of the most severe penalties, a dishonorable discharge, can permanently affect the accused's reputation and ability to find future employment, both in the military and civilian sectors.
• Reduction in Rank
  A conviction often results in a reduction in rank, leading to a loss of pay, benefits, and authority within the military.

These penalties can have lasting consequences on a service member's life, making it crucial to mount a strong defense.

Impact of a Rape Conviction on Military Career

A conviction for rape or sexual assault can have devastating effects on a military career. Some of the most significant impacts include:

• Loss of Security Clearance
  A conviction for a sex crime may result in the loss of security clearance, which is necessary for many military positions. This can severely limit career advancement or job opportunities within the military.
• Discharge from Service
  Convicted service members may face a dishonorable discharge, which ends their military career and marks them with a permanent record. This can also make it difficult to find civilian employment in the future.
• Damage to Reputation and Future Employment
  A conviction can tarnish the individual’s reputation, making it difficult to gain employment outside the military. Many civilian employers are hesitant to hire individuals with serious criminal convictions, particularly those involving sex crimes.

The long-term impact of a rape conviction can be life-altering, affecting not only the accused's military career but also their personal and professional life after discharge.

Powerful Defense Against Rape Allegations

Due to the heinous nature of this sex crime, allegations of rape or sexual assault are often relatively simple to level but can be enormously difficult to overcome. The military justice system often sides with the alleged victim, despite the fact that the accused is to be legally considered innocent until proven guilty.

Fortunately, a proven military attorney may be able to clear your name and help you avoid the serious penalties you could face if convicted at court-martial. For example, it may be possible to demonstrate that you have been mistakenly identified as the perpetrator, or perhaps the strategy will revolve around arguing that you have been targeted with false accusations on the part of someone with a motive to see you punished.

Frequently Asked Questions (FAQ)

Can a military member be convicted of rape without physical evidence?

• Yes, a military member can be convicted even without physical evidence. In such cases, the prosecution may rely on witness testimony, the victim’s statement, or circumstantial evidence to build their case. However, a strong defense can challenge the credibility of the accusations or lack of evidence.

What is the process of a court-martial for rape charges?

• A court-martial is the military’s equivalent of a civilian trial. The process involves an investigation, followed by a trial where both the defense and prosecution present their cases. The accused has the right to be represented by a military lawyer or a civilian attorney who specializes in military law. If convicted, the service member could face severe penalties, including imprisonment or discharge.

Can someone be acquitted in a military rape case even if the victim’s testimony is strong?

• Yes, it’s possible to be acquitted if the defense can challenge the credibility or consistency of the victim’s testimony, present evidence that contradicts the allegations, or raise reasonable doubt about the events in question. Strong legal defense strategies can make a significant difference in these cases.

What are the chances of a reduced sentence in a military rape case?

• The chances of a reduced sentence depend on the specifics of the case, such as whether there are mitigating factors, the level of force used, or if the accused is a first-time offender. A skilled defense attorney may be able to negotiate for a lesser sentence, especially in less severe cases of sexual assault.

How can a military lawyer help with my defense in a rape case?

• A military lawyer specializing in sexual assault cases understands the unique aspects of military law, including the UCMJ and court-martial procedures. They will work to gather evidence, interview witnesses, and construct a defense strategy tailored to the specifics of the case, ensuring the best possible outcome for the accused.

Can a service member appeal a conviction for rape or sexual assault?

• Yes, a service member can appeal a conviction. The appeals process in the military is complex and may involve several levels of review. An experienced attorney can help navigate this process and work to have the conviction overturned or the sentence reduced.

Are military sex crime charges different from civilian charges?

• Yes, military sex crime charges are handled under the Uniform Code of Military Justice (UCMJ), which has different procedures and penalties than civilian law. Military sex crimes, including rape and sexual assault, often involve a court-martial, which is unique to the military justice system.

Facing serious charges under the UCMJ? Contact us at (888) 490-0876 to discuss your case and protect your rights.