Should I Use a Civilian Military Attorney for a Military Defense in a Sexual Assault Case

Sexual assault cases have been front and center in the public eye in the last few years. No one will argue that sexual assault is a horrible thing to endure and those guilty of such a crime should be punished. This is just as true in the military as it is in the private sector.  The military, as well as those in the public eye, have a history of hiding allegations of sexual misconduct and getting away with it. However, more common than ever, many in the military and those in the prominent eye of the public, have been accused of this terrible crime, when in fact there is no evidence to back up the accusation. When this happens, the accused suffers long after they are acquited, in their personal, professional, and public life. 

Why Should I Use a Civilian Military Defense Attorney?

If you are in the military and you feel you have been falsely accused of sexual assault or misconduct, you need the help of a civilian attorney that specializes in military sexual assault cases. A guilty verdict in a military sexual assault case comes with grave consequences, including a court-martial. A government-appointed military attorney may not have the expertise or knowledge to know when an accuser’s story contains contradictory statements. Military sexual misconduct defense attorneys may be unable to come up with a believable motive for the accuser to make up the sexual assault offense. It becomes especially difficult to discredit the accuser when they truly, but mistakenly believe that the events truly did occur the way they present them.

The Verdict Can Come Down to the Experience of Your Attorney

Many times, a military assault case allegation comes down to a he-said she-said allegation. The military, as it should, takes these words very seriously. Historically, the military used to try to hide these cases and rarely taking them to court. The past few years, however, have seen the military prosecuting cases that are solely based on the alleged victim’s word.

For these reasons, it is really important to hire an attorney with several years of experience in dealing with military sexual assault cases, and a record of being successful in the process.

Do I Need to Provide Proof of My Innocence?

You do not. Your attorney will need to convince a jury of reasonable doubt. It doesn’t matter if the jury thinks the sexual assault could have happened, but if there is any remaining doubt that the may have consented, the military court requires you bring back an acquittal verdict in a court-martial trial. 

A good civilian military defense attorney is experienced in balancing the military’s changing culture with presenting researched, compelling evidence to best represent you in challenging these charges. 

If you are in the military and have been mistakenly charged with sexual assault, your military attorney at Camp Pendleton, such as one from The Federal Practice Group, needs to present you as a victim of an untrue or mistaken allegation. They will, in no way, minimize the seriousness of the crime or belittle the accuser, just that you were not the perpetrator that you are accused to be.