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U.S. v. E-5, United States Army

September 12, 2018

Camp Buehring, Kuwait

Sergeant is accused of committing several acts of sexual harassment and sexual assault upon fellow NCOs while deployed and serving overseas. According to the allegations, the Sergeant touched, grabbed and made sexual advances towards two females in his unit who were dating one another at the time of the alleged incident. Sergeant’s command offers him Article 15 punishment and the Sergeant’s JAG military defense counsel strongly encouraged the Sergeant to accept the Article 15 punishment because the JAG told him, “we would lose at a court-martial, no question about it.” Wanting a second opinion, the Sergeant speaks with Mr. Robert Capovilla and retains the firm. Robert Capovilla thoroughly analyzes the evidence and the firm’s investigator works the case in his investigative capacity. Capovilla and the investigator discover that the allegations are not nearly as strong as the command alleges them to be. Moreover, through the process of interviewing eye witnesses, Capovilla is able to uncover that the alleged victims actually told other members of the unit that they did not like the client and they want him removed from the unit before they accuse him of misconduct. On Mr. Capovilla’s recommendation, the client turns down Article 15 punishment and opts to for court-martial.

Case Result

Charges DISMISSED. NO Federal Conviction, NO Sex-Offender Registration. NO Confinement. Client is reinstated within the unit.

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