Military Sexual Assault Lawyer 

Aggressive Defense For Military Members Facing Sexual Assault Charges 

Military sexual assault allegations can arise from a wide range of circumstances, including incidents involving fellow service members, superior officers, or civilians. These allegations may involve claims of rape, sexual harassment, unwanted sexual advances, or other forms of sexual misconduct. Regardless of the specifics of the accusations, facing charges of military sexual assault can have devastating consequences for your military career, personal life, and reputation.

If you are convicted by a court-martial of a sex assault charge, your career will not only be destroyed, but you will face:

• Federal conviction
• Dishonorable discharge
• Extended period of confinement
• Obligation to register as a sex offender

If you are facing allegations of military sexual assault, you are up against one of the most serious charges in the military justice system. McCormack & McCormack understands the gravity of these accusations and is dedicated to providing you with the aggressive defense representation you need. Our experienced team of military sexual assault defense attorneys is committed to protecting your rights, reputation, and future.

Are you an active military member under investigation for sexual assault? Call McCormack & McCormack today at (888) 490-0876 or contact us online to schedule a meeting with our Military sexual assault attorney!

Investigation Process for Military Sexual Assault Allegations

The investigation of military sexual assault allegations begins with the reporting of the incident, which can be done by the victim or any witness. The chain of command or the designated sexual assault response coordinator (SARC) is notified, and preliminary notifications are made. If the report is unrestricted, military investigators (NCIS, CID, OSI, or CGIS) are notified and commence a criminal investigation. 

The Uniform Code of Military Justice (UCMJ) Article 120 outlines the legal framework for sexual assault, and investigators are tasked with gathering evidence, interviewing witnesses, and compiling incident reports. All allegations of sexual assault are fully investigated, even if the alleged victim declines to cooperate. After a military criminal investigation reports are created that will ultimately inform decisions about initiating court-martial proceedings. The decision to prosecute or not prosecute these allegations are made by each service’s designated office special trial counsel. The special trial counsel office (operating under the names assigned by each respective service) is the only authority authorized to make criminal charging decisions in these cases.

Defenses Available to Accused Service Members

Service members accused of military sexual assault may have various defenses available to them, depending on the specifics of the case. Key defenses include:

• Lack of evidence
• Mistaken identity
• False accusations
• Consent
• Reasonable Mistake of Fact

A key component of nearly every sexual assault case surrounds the credibility, believability, and veracity of the complaining witness. 

A military sexual assault attorney can explore the nuances of the case and present applicable defenses to support the accused. Additionally, demonstrating violations of due process during the investigation can also serve as a substantial defense strategy.

Common Mistakes Service Members Make When Facing Charges

When confronted with allegations of military sexual assault, service members often make several critical mistakes, which include:

• Failing to seek legal representation: Many individuals believe they can handle the situation without professional help, leading to hurting themselves during the investigative stage before their case makes it to trial.
• Talking to investigators without counsel: Discussing the details of the case with law enforcement can inadvertently provide incriminating evidence and foreclose the ability to utilize certain defenses.
• Not preserving evidence: Neglecting to gather evidence that may exonerate them can weaken their defense.
• Publicly discussing the allegations: Speaking about the case on social media or with peers can lead to further complications and potential violations of military regulations.
• Underestimating the seriousness of the charges: Many do not fully grasp the long-term consequences a conviction can bring to their lives.

How a Military Sexual Assault Attorney Can Help You Avoid Mistakes

Engaging a military sexual assault lawyer is crucial for navigating the complexities of the military justice system. An experienced UCMJ sexual assault attorney will provide guidance on how to communicate with investigators and advise on the importance of preserving evidence. They can craft a tailored defense strategy, ensuring that the service member does not inadvertently compromise their case. With our knowledge of Article 120 cases and the intricacies of military law, an attorney from McCormack & McCormack stands as a vital advocate to help military personnel avoid common pitfalls and effectively defend against serious allegations.

Why Hire Our Military Sexual Assault Attorneys

If you are under investigation or have already been charged with sexual assault or any other sex crime, it is vital that you immediately secure the defense representation of a highly experienced civilian military defense lawyer. We are dedicated to providing high-caliber defense to ensure that our client's rights are adequately protected.

Our military sexual assault attorneys an highly experienced paralegal staff are ready to stand by your side. We are available 24 hours a day and seven days a week. Pick up the phone and get started today!

Understanding Your Rights in the Court-Martial Process

Military service members who are charged with sexual assault will need to deal with the court martial process. This process is significantly different than trials held in civilian courts. Recent changes in the Rules for Courts-Martial have drastically affected the rights of the military accused in a sex assault case. Our legal team can stand by you during every step to help ensure that your rights are fully protected.

Contact Our Military Sexual Assault Attorney Today 

We understand that facing allegations of military sexual assault can be incredibly stressful and overwhelming. That's why we are committed to providing you with compassionate support and guidance every step of the way. You are not alone in this fight, and we will stand by your side, advocating fiercely for your rights and working tirelessly to achieve justice on your behalf.

When represented by McCormack & McCormack, you will be represented by a highly skilled defense attorney who knows how to fight charges of sexual assault in court-martial. Do not hesitate to call the firm at once if you are advised you are under investigation for sexual assault and are looking for the strongest, most aggressive defense against your charges. 

Contact McCormack & McCormack by calling (888) 490-0876 today to schedule a FREE consultation with our Military sexual assault lawyer!