Military sexual assault charges that come down to the word of the alleged victim can be easily won or lost at the hands of the military sexual assault defense lawyers for the Accused. Inexperienced military sexual assault defense counsel may not have the experience or technical knowledge to effectively demonstrate that the accuser’s story has inconsistencies. Military sexual assault defense lawyers may not be able to present a credible motive for the accuser to fabricate the offense. Even more difficult is how to defend against sexual assault allegations in the military where the accuser seems to have an honest but mistaken belief about the events that led to the sexual act.

On the other side of the spectrum, “old-school” civilian military sexual assault defense attorneys have a unique ability of completely alienating the jury. There are many stories, including a well-publicized story from a case in Annapolis, in which the old-school civilian military sexual assault defense attorney attempted to degrade and intimidate the accuser. They do this by using terms such as “sweetheart” or starting stories with “back in my day…”. In other situations, old-timer civilian sexual assault defense attorneys go on and on with unnecessary details of the sexual act, asking such ridiculous questions as “how wide open was your mouth.”

The truth is, military sexual assault juries today have been engrained in the new style of thought when it comes to the manner in which we treat members of the opposite gender. Long gone are the days of butt-grabbing behavior or derogatory name-calling being acceptable in any way. The key is to NOT minimize the seriousness of the military sexual assault climate, but instead, demonstrate that your client is a unique victim of a false or mistaken allegation. We are the only group of military sexual assault defense attorneys that repeatedly perfectly balance the changing culture of the military with the rhetoric needed to get full acquittals for our clients.

The benefit to an accused person is that they don’t need to prove their innocence, even in a military sexual assault court-martial. There must simply be a reasonable doubt as to whether they committed the alleged sexual assault. How you convince a jury to avoid simply weighing the evidence like it is on a scale is where the art comes in. Too many military sexual assault attorneys get caught up in trying to PROVE that the accuser consented, or that she was not intoxicated. Instead, the art of a sexual assault court-martial is convincing the jury that it doesn’t matter if they think the military sexual assault might have happened, or even if it probably happened, but if there is any lingering reasonable doubt that she may have consented or wasn’t too intoxicated, you must acquit in a military sexual assault court-martial. 

Our sexual assault trial lawyers have won awards for their abilities in the courtroom, and routinely bring understanding and reason to courtrooms that are often overrun with hysterical pleas to imprison anyone accused of sexual assault in the military.

The credibility of an alleged victim in a military sex assault case is the most critical aspect of any defense. Military sexual assault allegations are incredibly serious for the accused, and the consequences of a conviction demand that the credibility of an accusation is put through the intimidating gauntlet of cross examination. In the course of cross examination of an alleged victim, it is your attorneys job to highlight inconsistencies, demonstrate lies, and uncover misconceptions. In so many of our cases, it isn’t until cross examination that an alleged victim finally has to answer the tough questions that clearly show the incredulity of the accuser. 

In many of our cases, we are able to establish evidence that an accuser is lying, but in many others, proof of the lie isn’t available. In cases like these, it becomes more important to prove the possibility the accuser is lying, or even, the possibility that their memory of the events and they perceptions are skewed an unreliable. If you want to know more about how we do this, give us a call.

Sexual assault is a serious accusation, and if you don’t build a robust defense quickly, there is a good chance your life will turn upside down. When it feels like it is your word against another’s, Golden Law Inc. steps up for you. We will thoroughly assess the credibility of witnesses to uncover critical facts and ensure you get a fair trial.

From the outset of your case, we will assess the credibility of witnesses to your case, conduct an independent investigation of the facts leading to your accusation, and develop a defense strategy to dismantle incriminating testimony against you.

Our goal is not to suppress the truth, but to get the whole picture of what occurred and make sure that your side of the story is heard.

Military Rule of Evidence 412

The rules of evidence are constructed to severely limit evidence of an alleged victim’s prior sexual behavior. Under Rule 412, evidence of an accuser’s sexual past is presumed inadmissible unless you attorney can convincingly demonstrate that the evidence directly relates to the issue of consent or is otherwise required by the Constitution. Junior attorneys are often too inexperienced to understand the importance of presenting compelling evidence at pretrial hearings to establish the admissibility of this type of evidence. Although they claim this rule is meant to protect the privacy of the accuser, we believe the rule used to help obtain convictions for thirsty prosecutors than it is to protect the innocent.

Strategic Jury Selection

In the military sexual assault domain, commanders select jurors that may be part of sexual assault cases. Professional attorneys, however, know how to leverage the rules of this process for their clients. The voir dire process allows the defense and the prosecution to question potential jurors. You want jurors that are fair and lack any bias against you, but in the military, jurors are often reluctant to admit to such bias, or even recognize it in the first place because of the strong culture to fit in with fellow service members. 

If you thought it was important for your attorney to be skilled in their questioning of an alleged victim, it is almost just as important that a military sexual assault attorney have the ability to question jurors and provide encouragement and opportunity to admit truths which reflect bias and unfairness. The best defense to a military sex case is to start with a favorable jury.