Sexual assault allegations can strip you of your rank, reputation, money, time, and freedom if you don’t find someone to properly defend you. The best thing to do is call a professional, highly skilled defense attorney who knows how to handle military cases. This is where we come in. Click here to see the types of sexual charges we defend against.
Elements of Sexual Assault
Sexual assault is a sexual contact or act that is non-consensual and occurs through the assaulter’s use of threats, bodily harm or the victim’s incapacitation. Sexual assault can range from groping and battery to non-consensual sexual intercourse. It can even happen between spouses. These laws cover any form of nonconsensual sexual contact occurring between men, women or children.
Sexual Assault Defenses
There are several defenses one can take for sexual assault cases (Article 120). Some of the most common are:
- Innocence: The accused claims that the sexual assault and encounter never took place. This typically involves a “mistaken identity” claim, or an alibi proving you were somewhere else when the assault happened.
- Consent: The accused admits that the sexual encounter did take place, but that the other person involved consented to the act or that the accused reasonably believed that the other person consented.
- Insanity or Mental Incapacity: The accused claims that they have or had a mental disorder during the time the crime took place and should therefore not be held criminally liable for their actions.
These common defenses are difficult to prove, even with compelling evidence. It is so important to have someone fighting for you who knows how to win sexual assault cases. Garrison Wood is a military defense lawyer that can help you reclaim your rights. We know how to fight against allegations like these, and we know how to win.
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