We see it time and time again. A military member with a strong career is accused of sexually assaulting someone, and they feel like their future is ruined. It feels as though there is no way of getting fairness in sexual assault cases in the military. The accused person watches as the “investigation” unfolds, seeing clearly that it is biased towards the “victim.” They see friends and colleagues turn against them, convinced that they cannot be associated with someone accused of sexual assault. They experience their command abandoning them, favoring the “victim” and bringing court-martial charges even when there is no evidence!
We see it time and time again, which is why we are never surprised by the question: if the investigation was biased, and nobody is supporting me, how can I get a fair shake? How do I ensure that I get a fair trial? Here’s how we at Golden Law ensure that your case is looked at fairly.
Engage Command Early
One thing that any good military defense lawyer must do is engage early. We aggressively investigate a victim’s background and interview witnesses early in the case to try and uncover the critical facts in every case. Our early investigations allow us to engage with command about the allegations. We often have conversations with commanders while the investigation is ongoing or the court-martial charges are being considered, trying to show why charges are not warranted.
The key to success in this stage is credibility. Any person can go to a commander and ask for charges to be dropped. But an experienced military defense attorney, like the team at Golden Law, can leverage experience to credibly show why charges are not warranted. We often talk to commanders about the hundreds of courts-martial we have tried and how that experience matters. We work with commanders to show why charges should not be pursued. Being aggressive in investigating, and engaging command early, is the key to success.
Know the Rules
Although we attempt to keep cases from having to go to trial, the reality is that many do. And to keep the biased military justice system from working against you, you absolutely need an experienced attorney.
The Military Rules of Evidence and the Rules for Courts-Martial are designed to allow the Accused to get a fair shake. For example, the rules allow for the Defense to ask for your command to appoint and fund expert witnesses. That means that you can get a team on your side – forensic psychologists, forensic toxicologists, sexual assault nurses, digital forensic examiners, and many more. At Golden Law, we work with the best experts, and we know the rules that allow for us to build a team around you to help win your case.
You also need experienced military lawyers that know the rules of evidence. A great example is Military Rule of Evidence 412. This rule is commonly known as a “Rape Shield Statute,” and it shields “victims” from having to talk about their sexual past. Experienced lawyers, however, know how to use that rule to their advantage to challenge a victim’s credibility. Only after litigating hundreds of cases does a lawyer get comfortable with this rule. And because it often favors victims, not having the experience to exploit it can mean very bad things for your case.
Pick the Right Jury
Here’s another example of where you might feel that the deck is stacked against you – if your case goes to trial, the convening authority (or the General in charge) gets to pick the potential jurors! It is not random, as it often is in the civilian community. In the military, more or less, your command gets to pick the jurors that may be part of your case.
That said, experienced lawyers know how to navigate that process. In the military justice system, there is a part of your court-martial called voir dire. This is when the potential jurors are called in and asked questions by the prosecutors and your defense team. Knowing what questions to ask is crucial. You want jurors that have no bias. You don’t want jurors that are drinking the SAPR/SHARP Kool-Aid! And in our experience, it is hard to find that out. Jurors will often hide even small biases because they want to do jury duty. It happens all the time.
You need a team that knows how to pick the right jury. You need a team that is willing to ask the jurors the right questions and is willing to challenge jurors, to kick them off your jury, when they have a bias. You need experienced counsel to level the playing field – because this is the group of people that will be deciding your fate!
We know that it feels like the military justice system is biased against you. We know that it feels like you are on an island, defending yourself, while your colleagues and command abandon you. But at the same time, we know what it takes for you to get a fair shake!
