Military sex crime witch-hunt continues with signing of new bill

March 15, 2014

You have worked hard to build a military career. You have served your country honorably, and have a bright future. But what if someone starts throwing around accusations of sexual assault or some other type of sexual misconduct? Even if you are ultimately acquitted, your reputation and your military career could be irreparably damaged.

New statistics from the Department of Defense show that on average more than a dozen sexual assaults are reported within the armed forces every single day. Some of these are no doubt legitimate complaints, but others could run the gamut from wild drunken nights later regretted to retaliatory accusations made for no legitimate reason. If you are in the military and have been accused of sexual wrongdoing, a bill recently signed into law takes away some of the protections you formerly had, making it more imperative than ever for you to begin building a strong legal defense as early in the process as possible.

Rights of the accused in decline

According to numbers released by the Associated Press in late December, over 5,000 sexual assaults were reported in the ranks in fiscal year 2013. This was the highest number of reported military sexual assaults ever recorded, and a sharp increase from the fiscal year 2012 total of 3,374. Of course, the Pentagon only began tracking the number of reported sexual assaults in 2004, and Department of Defense officials have repeatedly announced that this does not represent an increase in actual assaults, but rather an increase in reporting.

The increase is not altogether surprising considering the false statements about purported military sexual assault from some members of Congress given in 2012. Over the last few years, the Department of Defense has taken steps to encourage more sexual assault reporting. Meanwhile, the rights of the accused, a foundational aspect of both the military and the American criminal justice system as a whole, have continued to be eroded.

The latest assault on our rights is a bill signed into law in the final week of 2013. Formerly, commanders were allowed to make final decisions about crime within their units as a matter of military discipline. But, under the new law, commanders may not overturn jury convictions for sexual assault. In addition, when prosecutors decline to pursue a sexual assault case, a civilian review is required under the new law.

Sexual assault allegations mean you are in immediate need of a legal defense

If you report a military sex assault, you are shielded from retaliation. Yet, if you are accused of committing a sexual assault, even if you are acquitted, you can face long-term repercussions. This requires a tough, long term response by any attorney defending military servicemembers accused of sexual assault.

If last year's numbers hold, more than a dozen military sexual assaults will be reported every day again in 2014, only now, the new law makes it even harder for those who stand accused to defend themselves. If you are in the military and have been accused of sexual wrongdoing, act today. You have the right to seek out a civilian attorney to assist with your defense. Take this matter as seriously as the government is taking it, and take immediate, proactive steps to defend yourself.

Article provided by Patrick J. McLain
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