Category Archives: Sexual Assault
New Podcast Episode: Cross-examination of an Accuser
A new episode of the Military Justice Today podcast recently hit the airwaves. It’s titled “Cross-examination of an Accuser in a Sexual Assault Trial” and takes an in depth look at the challenges, strategies, and courtroom experiences of hosts Rob Capovilla and Mickey Williams. The episode is available on all major podcast platforms as… Read More »
Getting to Truth on Cross-Examination
Courtrooms are places where stories are told. Your attorney’s cross-examination of the witnesses for the prosecution reveals the holes in their story and demonstrates the credibility of yours. As legendary trial attorney Gerry Spence puts it, “Basic cross-examination is nothing more than a true-or-false test administered to the witness.” The Rules of Cross-Examination Drawing… Read More »
The Rape Shield Law
Servicemembers charged with sexual assault need to know about Military Rule of Evidence 412, known as the Rape Shield Law. Rule 412 is designed to protect the privacy and dignity of victims of sexual assault by ruling evidence about the accuser’s sex life that isn’t strictly relevant to the charged offense inadmissible. Your accuser… Read More »
Preferral of Charges
An accusation of sexual (or other) misconduct by an active-duty service member kicks off a series of actions: your personnel file is flagged, essentially putting your career on hold; you may be placed in some form of restraint or confinement; and the investigation of the allegation begins. If military investigators conclude that the accusation… Read More »
Military Criminal Investigations: Law Enforcement’s Role
The pre-preferral period of a military prosecution is the investigative period, where law enforcement determines whether or not sufficient evidence exists to file criminal charges. Most of the crucial information to be used at trial is usually uncovered during this initial investigation. This post looks at how law enforcement gathers evidence in response to… Read More »
Military Pretrial Restraint
You’re a U.S. military service member, you’ve been accused of a crime, and your personnel file has been flagged. You also may have been briefly taken into custody and released. What’s next? The military’s Rules for Courts-Martial (RCM) give commanding officers several options to exercise at their discretion at this point. It’s possible that… Read More »
The Problem with Three-fourths Panel Verdicts in the Military
It may come as a surprise to many that criminal convictions in the military justice system only require the agreement of three-fourths of panel members (i.e. jurors). Of course, this is very different than the civilian justice system’s standard, which has always required unanimous jury agreement for a criminal conviction. This stark difference in… Read More »
Military Commander’s Role When a Sexual Assault Allegation is Made
I receive a lot of calls from potential clients who do not want to hire an attorney until they are officially charged with a crime. Typically, these clients will call me up, ask me about the court-martial process, tell me that the accuser is lying, that CID, NCIS, or OSI wants to question them,… Read More »
The Purpose and Impact of Sexual Assault Forensic Examinations in Military Cases
In many cases alleging sexual assault in the military, the Sexual Assault Forensic Examination (SAFE) plays an important role in establishing guilt or innocence. This post will discuss the purpose, process, and impact of a SAFE on sex assault cases in Army, Navy, Air Force, Marines, and Coast Guard. The purpose of a SAFE… Read More »
Role of Preliminary Hearing in Military Sexual Assault Cases
If you are a military service member and accused of sexual assault you most certainly will be facing a general court-martial. This means that you are entitled to a preliminary hearing called an Article 32 hearing. The law provides: “No charge or specification may be referred to a general court-martial for trial until completion… Read More »
