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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



Military RAPE Criminal Lawyers

One of the most serious crimes that can be charged in the military justice system is rape. A significant number of rape cases are prosecuted in military tribunals each year.

A person charged with rape, or being investigated for the crime, needs to understand the essential elements of the charge. A person in this position needs to understand his legal rights within the military justice system. In addition, an individual facing this type of charge must appreciate the importance of retaining skillful, experienced legal representation.

The Crime of Rape Pursuant to the Uniform Code of Military Justice

The Uniform Code of Military Justice sets forth a number of individual crimes assaultive sex crimes. Rape and sexual assault two of the most serious crimes of this nature listed in the Uniform Code of Military Justice.

Rape and sexual assault have similar definitions in the Uniform Code of Military Justice. They are both crimes in which the use of force in some manner occurs to commit a sexual act upon another person.

In the case of rape, the use of force constitutes threats and actions that place the victim in fear that she will be killed, grievously injured, or kidnapped. On the other hand, sexual assault typically is charged when the alleged perpetrator coerces the purported victim using threats, without any real independent act towards physically injuring the complaining witness to accomplish a sexual assault.

The rape provision in the Uniform Code of Military Justice is gender neutral. Either a man or woman can be charged with the crime. Moreover, the victim of rape under the Code likewise can be male or female.

Defenses Against Rape in a Military Tribunal

The stark reality of a rape charge is that an allegation of this crime can be relatively easy to make and defending against it can prove to be extremely challenging. Many observers of the military justice system, including skilled and experienced attorneys, believe that tremendous deference is given to an individual that alleges a rape has occurred. This is the situation even though the accused is innocent until proving guilty. With this background understood, a skillful military rape criminal lawyer can mount a number of defenses to this type of serious charge.

First, a defense can be mounted around the contention that the alleged perpetrated in fact did not commit the crime. The heart of this defense is that the wrong person has been identified by the complaining witness. This type of defense typically is pursued when there is not DNA evidence connected to the case. The only real evidence is some sort of witness identification, usually by the alleged victim.

Eye witness identifications are considered some of the most unreliable in the criminal justice system, including in the military justice system. Therefore, if the only substantial evidence is a so-called eye witness identification of the defendant, oftentimes a strong defense can be put forth.

Second, another common defense in a rape prosecution in the military justice system is that consensual sex occurred, but the defendant is not guilty of rape. This type of defense is mounted when DNA evidence exists of sexual activity.

This type of defense can become something of a he said, she said affair. The case may ultimately hinge upon who is more credible in their testimony. There are instances in which a third party witness may come forward to support one of another of the individuals involved in a rape case. For example, an associate of the complaining witness may step forward to advise that the person who alleged rape confided that she made up the contention for some reason.

Punishment for Rape in the Military Justice System

The consequences of a rape conviction are severe. A convicted defendant will receive a dishonorable discharge from the military service, and face all the consequences that come with that action. In addition, a person convicted of rape in the military justice system can face a significant term of incarceration. A person convicted of rape in the military justice system will be required to submit to sex offender registry, perhaps for the remainder of his or her lifetime.


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Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

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Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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