Introduction

Sexual assault is a serious crime that can have devastating consequences for the victim. Unfortunately, it is a problem that exists within the US military as well. There are various websites that have plenty of resources on how you can defend yourself if you are a service member accused of sexual assault.

This article explores the role of alcohol in sexual assault cases in the military, what to do if you are accused, and how a lawyer can assist you.

The contents of this article do not constitute legal advice and are provided for general information purposes only.

An Introduction to Military Law

The United States military operates under a separate legal system known as the Uniform Code of Military Justice (UCMJ). The UCMJ outlines offences, punishments, and procedures specific to the military. Sexual assault is considered a serious offence under the UCMJ, punishable by a court martial with potential consequences including dismissal, imprisonment, and dishonourable discharge.

Sexual Assault Cases in the Military

Merriam-Webster defines sexual assault as:

“illegal sexual contact that usually involves force upon a person without consent or is inflicted upon a person who is incapable of giving consent (because of age or physical or mental incapacity) or who places the assailant (such as a doctor) in a position of trust or authority.”

Sexual assault can occur between service members of any rank or gender, as well as between service members and civilians. It is important to remember that, regardless of the situation, sexual assault is never the victim’s fault.

The Role of Alcohol in Sexual Assault Cases

Studies have shown that alcohol is a factor in a significant percentage of sexual assault cases, both in the military and civilian populations. Alcohol can impair judgement, and inebriation can make it difficult to give or receive clear consent. This does not excuse the perpetrator’s actions, but it is a crucial aspect to consider in the investigation and legal proceedings.

Below is an outline of how alcohol can contribute to sexual assault in the military:

• Impaired Judgement: Alcohol consumption can cloud judgement, making it difficult to assess a situation accurately. Someone who is intoxicated may not be fully aware of their surroundings or their own capabilities.
• Reduced Inhibitions: Alcohol can lower inhibitions, leading someone to act in a way they would not when sober.
• Difficulty Communicating: Alcohol can slur speech and make clear communication challenging. This can lead to misunderstandings about consent.
• Vulnerability: Under the influence of alcohol, someone may be more vulnerable to assault.

What to Do When Accused of Sexual Assault

Sexual assault allegations are a serious matter. If you are facing an accusation, it is critical to take immediate action to protect your rights, and below is an outline of what you should do:

• Remain Silent: Do not try to explain yourself to investigators or anyone else besides your lawyer.
• Request a Lawyer: You have the right to legal representation under the UCMJ. You can request a military defence lawyer or hire a civilian attorney experienced in military law.
• Cooperate with the Investigation: You have the right to remain silent, but cooperate with the investigation as much as possible, under the guidance of your lawyer.
• Gather Evidence: If you have any evidence that supports your innocence, be sure to collect and preserve it.

How a Military Defence Lawyer Can Help

A military defence lawyer with experience in sexual assault cases can be invaluable in navigating the legal process. Below is an outline of how they can help:

• Understanding the UCMJ: Military law is complex, and a lawyer can ensure you understand your rights and the charges against you.
• Building a Defence Strategy: A lawyer can develop a strong defence strategy based on the specific facts of your case. This includes gathering evidence, interviewing witnesses, and presenting your case effectively.
• Negotiating Plea Bargains: In some cases, your lawyer may be able to negotiate a plea bargain with the prosecution.
• Appealing a Conviction: If you are convicted, your lawyer can help you appeal the decision.

Summary

Sexual assault is a serious problem within the US military. If you have been accused of sexual assault, it is important to understand your rights and take immediate action to defend yourself. Remember, a military defence lawyer who has experience in sexual assault cases can provide the guidance and support you need throughout the legal process.