The potential consequences of being convicted of sexual assault in a military court martial are extreme. Most military members hope to potentially serve at least 20 years and receive a retirement paycheck and Tricare medical benefits for them and their family for the rest of their lives. All those things are on the line. If you are convicted of a sexual assault in the military, you are almost never going to remain in the military.
You would be saddled with a federal conviction for sexual assault on your record and when you apply for jobs, when you apply for clearances, or when you move into a community, you are almost always going to have to register as a sex offender. This will make you a second class citizen for the rest of your life. If you don’t register regularly and notify them of where you live, you will be facing state penalties that start at misdemeanor level and ultimately rise to felony level penalties. Then, there is prison or jail time. If you are convicted of rape, you are facing life in prison. At a minimum, you will face a dishonorable discharge or bad conduct discharge, depending on the specific crime.
Known Consequences for Sexual Assault in the Military
The introduction above discusses the wide range of potential consequences for a conviction of sexual assault in the military. There are both known and unknown consequences for such a conviction.
The known consequences are those that are specifically authorized punishments under the UCMJ for a conviction under Article 120 of the UCMJ. In order of severity, they include: punitive discharge, confinement, financial penalty, and loss of rank. The maximum punishment depends on the specific nature of the crime but all of these punishments are potentials.
A punitive discharge is also known as a bad conduct discharge or a dishonorable discharge. In the event of a sexual assault conviction, a bad conduct discharge is a minimum sentence, meaning it must be adjudged. The jury could also decided to issue a dishonorable discharge.
There are no minimum requirements in terms of confinement, and in rare occasion, someone may be convicted of a sexual assault and receive no confinement. The maximum for sexual assault is 30 years of confinement and life in the event of rape. Most sexual assault convictions result in confinement between 1-15 years.
Other punishments, like loss of rank or financial penalties are nearly automatic.
Unknown Consequences for Sexual Assault Convictions
There are punishments that are specifically authorized consequences to be decided at the court-martial in the event of a conviction, but there are many more “unknown” consequences. We typically call these “collateral consequences” for convictions of sexual assault.
The most frequently discussed collateral consequences is the requirement to register as a sex offender. There are no federal sex offender registrations, but each state has laws requiring registration even if the conviction was in military or federal court.
Sex offender registration is a devastating consequences that often plagues the convicted more than prison or punitive discharge. Sex offender registration can eliminate you from job potentials, acceptable living locations, schools, licenses, and much more.
In addition to sex offender registration, administrative action within the military is certainly likely to follow after a conviction. Even if you are not discharged through the court-martial, the military has a very strict policy of taking action to administratively discharge anyone convicted (or even accused) of sexual violence. Even if the alleged victim refuses to testify at a court-martial, the military can still attempt to discharge through administrative proceedings.
Overcoming Consequences of a Sexual Assault Conviction
The best way to avoid the consequences of a sexual assault conviction is to fight the allegations and be acquitted of the allegations at trial. The Government is generally unable to take administrative action against a member after an acquittal on the same matters. There may be other collateral matters that are relevant for admin action after an acquittal, but not typically matters which were directly decided by the panel.
If the conviction already happened, it’s going to be a long road, but there are some states and locations that are less restrictive with their sex offender laws. There are also some employers that focus on the rehabilitation of felons and sexual assault offenders.
Bottom line, the best way to avoid the consequences of a sexual assault conviction is to hire the best lawyers out there. Give us a call to discuss how we can help avoid the consequences of a sexual assault conviction.
