Military Justice Today: Attorney Dominic Giordano Achieves Victory for Sailor Wrongly Accused of Sexual Assault.

My name is Attorney Dominic Giordano, and I serve as a military defense attorney at Capovilla & Williams. Our slogan, “He who endures wins,” embodies a powerful truth that I firmly believe in. Whether confronting physical challenges, spiritual conflicts, or the trials of life, perseverance is the key factor that leads to overcoming adversity. The ancient phrase “Vincit qui patitur”, meaning “he who endures conquers,” underscores the importance of mental strength and the ability to weather the storm on the path to success. With unwavering resolve, we emerge victorious.

I had the honor of representing a Sailor at a General Court-Martial a few weeks ago. The allegations were serious—sexual assault—and my client was facing a daunting situation. He was up against decades in prison, mandatory lifetime sex-offender registration, and a dishonorable discharge. Despite the accusations being years old, and the accuser claiming she was passed out during the incident, we firmly believed in my client’s innocence. The Government’s charge was that he had assaulted her while she was unable to consent. We strongly disputed this accusation, and in the end, the panel sided with us.

Exploring Incapacitation Under Article 120, UCMJ: Strategies for Uncovering the Truth and Winning

To take an aggressive stance against the Government, we secured one of the nation’s leading forensic psychologists to join our team. Her expertise was invaluable in helping us dissect the science behind evidence and clarify the key distinctions between memory loss and incapacitation. During the trial, she educated the panel on alcohol-related blackouts, memory formation, and goal-oriented behavior, effectively undermining the government’s claim that a lack of memory equated to a lack of consent.

Building on that foundation, we presented compelling video evidence from the night in question, showcasing the complaining witness as awake, active, loud, social, flirtatious, and physically engaged with our client. This directly contradicted the government’s depiction of her level of intoxication and their assertion that she had no interest in him.

Furthermore, we cleverly turned the government’s own evidence to our advantage when they introduced our client’s complete NCIS interrogation. This allowed the panel to hear his version of events without the need for him to testify and face cross-examination, solidifying our defense strategy.

The Final Outcome: A Complete Exoneration from All False Accusations!

During my closing argument, I presented a powerful and concise 20-minute summation that stripped the case down to its essentials: the government utterly failed to prove incapacity beyond a reasonable doubt, the sexual encounter was consensual, and the complaining witness herself acknowledged that she could not affirm whether she consented or that any crime had ever taken place. The panel deliberated for about an hour before delivering a decisive not guilty verdict.

Reflecting on this experience, I draw several key lessons: (1) If you’re falsely accused of sexual assault in the military, ensure you have the strongest team possible because the Office of Special Trial Counsel will deploy overwhelming resources against you; (2) while military public defenders and assigned counsel are dedicated professionals, they simply cannot match the level of resources available to the Office of Special Trial Counsel; and (3) be strategic and intentional about your defense theme and theory—don’t rely on the military to support you without your own proactive effort.

He who endures wins!

Dominic Giordano
Military Attorney
Capovilla & Williams