When someone has accused you of sexual assault, this could be life changing for you. For many, even a charge of sexual assault can alter their future even if a judge does not convict them. Because of this, anyone who is accused of sexual assault should take this charge seriously and seek action as soon as possible. However, this rings even truer if the alleged sexual assault is a member of the military. Because military proceedings are so much different than in civilian court, it is imperative that you have a military attorney on your side who will represent you in court and ensure you get a fair trial. If you are worried about being wrongfully convicted of sexual assault and having your military future permanently damaged, contact a military attorney in Camp Pendleton, such as one of The Federal Practice Group lawyers, today.
What is sexual assault?
Sexual assault can be several different things, including:
- Threatening sexual harm or acts
- Attempting to rape someone
- Any sexual act that was done without the consent of the other person
How does a false accusation hurt the alleged assaulter?
When someone falsely accuses a member of the military with a sexual assault charge, it can ruin their life in many ways. Some of these are:
- It can hurt the reputation of the person accused.
- It can hurt the reputation of the accused’s partner, wife, or husband.
- It can hurt the children of the accused.
- A false accusation can also diminish and hurt those who have been sexually assaulted.
What are the potential penalties for a criminal conviction?
If you are in the military and a judge convicts you of a sexual assault charge, this will go on your criminal record and you will always carry the label of sex offender. Potential penalties for a sexual assault crime are:
- A Demotion
- Pay Forfeiture
- A Reduction in Your Pay Grade
- Registering as a Sex Offender
- Dishonorable Discharge
Defenses Against a Sexual Assault Accusation
There are several defenses to a false sexual assault allegation. As a military member, your court-martial will be like a civilian trial because you have the opportunity to face these accusations head-on as well as face the person accusing you. Common defenses are:
- An Alibi. If you can prove that you were not with the person who is accusing you and were somewhere else entirely at the time, you may develop a strong alibi.
- Misidentification. It is entirely possible that the person accusing you was indeed the victim of sexual assault but that it was by another person. When this is the case, it is possible to prove that they misidentified you.
- Consent. While this will probably not be the most likely to win your case, if you can somehow prove that the victim actually consented to any sexual acts that occurred, you can prove that your accuser is not a victim but that they consented.
Get the Right Representation
When you are in the military, the justice system is automatically far more complicated and you likely have more to lose. If you would like to speak with an attorney who will aggressively fight on your behalf in court and understands military proceedings, please contact a law office now.