It is no secret that there has been a huge focus on the prevalence of sexual assault in the military recently. Last summer the documentary “The Invisible War” was released in an attempt to highlight this prevalence. Additionally, last year at this time, Secretary of Defense Panetta announced several new policies pertaining to sexual assault, the most significant of which was that any case dealing with sexual assault would be handled by senior level commanders (06 and above). Finally, most recently, Air Force Lt. Col. Wilkerson was convicted of sexual assault at a court-martial, sentenced to a year confinement and then his commander dismissed the court-martial conviction stating that there was not enough evidence to support it. While many in the public have been outraged by this commander’s dismissal of Lt. Col. Wilkerson’s conviction, in my opinion it stands as a reminder to all that sexual assault court-martials are just like any other court-martial. Just like any other charge, a sexual assault conviction at a court-martial requires proof beyond a reasonable doubt. I am not expressing an opinion as to whether or not the outcome in the Lt. Col. Wilkerson case was correct or incorrect. I am simply pointing out that despite the public focus on sexual assault in the military right now, the standard of proof at a court-martial has not changed. Military members facing allegations of sexual assault may feel that the odds are stacked against them given the current climate. I disagree. The odds are the same as they have always been. Just like before, proof is required for an accuser to prevail. Many times these cases consist of “her words against his” and many times this just isn’t enough. So don’t let the current focus on sexual assault make you feel like you are fighting an uphill battle if you have been accused of sexual assault or rape. Call me and let’s talk through the specifics of your case. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
