Sexual Assault
Halt | December 13, 2020 | 0 Comments

Only Military Laws Can Deal Effectively With Sexual Assault Cases Within The Forces

Attorneys and layers that serve civilians and the military personnel have similar duties and responsibilities in representing their clients in the courts and perform almost identical day-to-day duties. But to represent clients in the military court, one must be a qualified military attorney who is eligible to attend cases in the military courts according to the military laws. Military laws are unique as they intend to extend justice to military personnel and armed forces.

The role of military lawyers

Military attorneys participate in civil and criminal cases, and their role is as broad as a civil attorney. The significant difference between civil and military attorneys is that a military court comes under a military tribunal’s ambit that deals with enemies when a war is waging.

The military lawyer advises clients, handles the forces’ legal discipline, creates military handbooks, drafts and prepares legal documents, advises commanders on martial law, international laws, and civilian law prepares a client for trial and acts as counsel for court-martial.

Military lawyers must have a good understanding of the military and civil law, and their actions affect not only the individuals but also the branch of service and the government.

Dealing with cases of sexual assault

Rape and sexual harassment charges are rampant in the military services, and if you happen to be a defendant or a plaintiff, you must hire a UCMJ lawyer who handles sexual assault cases.  It is a concern that sexual assault cases are rising alarmingly within the military services, as evident from the reported 20,000 cases in 2018, which shows a sharp increase of 38% over the preceding two years.  It has sent alarm bells ringing across the military services as the media labels the trend as an epidemic.

What is sexual assault?

Sexual assault, as per article 120 of the Uniform Code of Military Justice, defines sexual assault that includes actions like assaulting a victim who is incapable of giving consent or assaulting a victim who is unaware about the possible attack, assaulting in sleep or while unconscious.  Threatening a victim or causing fear, harming a victim bodily, deceiving the victim by posing as if someone else is a victim, and claiming falsely that there is a professional purpose behind the assault all comes within the ambit of sexual assault.

Seek an effective defense

Sexual assault charges are serious accusations. You need to defend yourself aggressively and effectively by engaging an experienced military attorney because a conviction can even lead to life-term in prison. Circumstantial evidence plays a critical role in defending rape and sexual assault cases because the prosecution heavily depends on the plaintiff’s statements.  There is every attempt to tarnish the plaintiff’s credibility by exaggerating and distorting memories while craftily lacing the case with drugs and alcohol.

Sometimes rape and sexual assault cases are fabricated to implicate a person falsely with some ulterior motive. Only an experienced military lawyer can expose the conspiracy and relieve the defendant from any punishment.