Sexual Assault and Rape Lawyer in Hawaii
Sexual Assault and Rape Lawyer
We are all aware that sexual assault and rape are both extremely grave and heinous crimes. However, over the last few years, allegations of sexual assault and rape have been taken to a political extreme in the military. Instead of ensuring that allegations are supported by the evidence, the government puts pressure on military investigations, commanders, and prosecutors to convict and punish all accusations of sexual assault and rape. Often times, cases are sent to a court-martial trial on the word of the alleged victim alone, without any other substantial proof that an offense occurred.
If you are being accused of sexual assault or rape, you need to immediately get in contact with a criminal defense attorney with experience in military courts. An experienced criminal defense attorney, especially one with an extensive background in the military system, will work hard to stop an unfair proceeding from ruining your military career and civilian reputation with an unjust trial.
Dealing with Sexual Assault and Rape Crimes in the Military
Most sexual offenses in the military fall under Article 120 of the Uniform Code of Military Justice (UCMJ). Sexual assault and rape are two of the most serious sexual offenses, both of which impose heavy punishment if convicted.
While most people have heard of sexual assault and rape, there are many other serious sexual offenses in the UCMJ that are not as well understood. Sexual assault and rape require some sort of “penetration” of the victim, but Article 120, UCMJ, also criminalizes any unwanted sexual touchings. These sexual “contact” offenses include aggravated sexual contact and abusive sexual contact.
The Article 120 offenses can be committed in a variety of ways. The most common charge is for sexual conduct that is “without the consent” of the victim. Other ways of charging these offenses include sex with a person by “force,” sex with a person who is “asleep or unconscious,” sex with a person by “threat or fear,” and sex with a person after giving them a drug or intoxicant.
There are also many other sexual offenses outside of Article 120. For example, Article 120b, UCMJ, criminalizes several different sexual offenses committed against minors or children. Article 120c, UCMJ, criminalizes indecent viewing, recording, and broadcasting of another person’s private areas, as well as indecent exposure. The newest sexual criminal offense in the military is contained in Article 117a, UCMJ, which prohibits the wrongful broadcast or distribution of intimate visual images, a law also known as the “revenge porn” crime. All of these crimes are extremely serious and carry heavy penalties if you are convicted.
The Presumption of Guilt
The pressure within the military court-martial system to convict all individuals who face sexual assault charges is immense. Many people in the system will view you as guilty on the word of the alleged victim alone. This is why it is so important to have an experienced criminal defense attorney who knows the military system defending you. Don’t wait until charges are preferred against you. Hire an experienced attorney as soon as you learn you are under investigation.
There are an increased number of cases that pass through Article 32 preliminary hearing officers, which recommend no trial for reasons like lack of evidence or the uncertain credibility of the alleged victim. Yet, the trials are pursued anyway.
It is critical that you have a defense team that is dedicated to your defense and willing to support you. A defense team will help you combat these charges before you have to deal with the far-reaching consequences of these wrongful accusations.
The Consequence of Sexual Assault and Rape
If you are found guilty of sexual assault or rape, you will face a mandatory dishonorable discharge if you are enlisted or dismissal if you are an officer. The maximum confinement for these offenses ranges from 30 years to life in prison. The other Article 120 offenses of aggravated sexual contact and abusive sexual contact also impose severe maximum terms of confinement from 7 to 20 years. And those terms of confinement are for each separate offense.
If the punishment were not enough, conviction of sexual assault and rape, as well as other sex-related crimes, usually comes with a requirement to register as a sex-offender in both the military and civilian communities in which you live. The conviction will follow you for the rest of your life.
Get Help from an Experienced Lawyer
When you’re facing a sexual assault or rape charge, it often does not matter if you are innocent, even though it should. Don’t fight the system alone and protect your military service career along with your reputation. Get legal help that will be there to defend you and stand up to the intense pressure your jury will face to convict you of these crimes.
