Virginia Military Rape Defense Attorney

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UCMJ Article 120

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 AccusationsOne 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 EvidenceIf 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.
• ConsentIn 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 IdentitySometimes, 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.

WHY PRIOR JAG EXPERIENCE MATTERS:

Although service members are entitled to an appointed military defense counsel once formally charged by their command, appointed counsel may have limited criminal litigation experience. A civilian military defense attorney with substantial JAG and courtroom experience can provide an additional level of experience and perspective when the stakes are high.

Attorney Robert W. Canoy Jr. served 11 years as an active-duty military Judge Advocate, including experience as both a trial defense counsel and prosecutor. He handled more than 500 criminal cases and has extensive experience defending military members both during active duty and as a civilian attorney.

Attorney Greg D. McCormack is also a former U.S. Army Judge Advocate with decades of experience representing military and civilian clients in complex criminal, administrative, and federal matters.

UNDERSTANDING THE MILITARY JUSTICE SYSTEM:

Our attorneys understand the military justice process from multiple perspectives and use that experience to develop a defense strategy based on the specific circumstances of each case.

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.

Proven Defense Lawyers
with Decades of Experience

McCormack & McCormack has represented service members facing serious military legal matters for decades.

Our attorneys understand the unique pressures that come with allegations under the UCMJ and the importance of having knowledgeable counsel throughout the military justice process.

With extensive experience in military criminal defense, our legal team is prepared to provide focused representation when the stakes are high. We work closely with each client to understand the circumstances of their case and provide the guidance and advocacy they need at every stage of their defense.

Results Driven and
Client Focused Since 1982

Powerful Defense Against Rape Allegations

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