A Marine Corps officer was acquitted of the charge of aggravated sexual assault in a general court-martial after a two-day trial at Quantico Marine Corps Base on May 19-20, 2009. Criminal defense attorney and partner of the Law Firm of Puckett & Faraj, PC, Haytham Faraj, stated, “the acquittal was the just outcome given the facts of the case. Rape or aggravated sexual assault is a very serious accusation with life altering consequences for the accused.”
Military Defense Attorney Strategy
Mr. Faraj identifies the military defense strategy, “I knew we had a tough fight on our hands as these cases always tend to be. We prevailed because we had the better facts and theory and were able to challenge the government’s theory and demonstrate that it could not be proven. This was by no means an easy victory because, in these types of cases, you’re almost always dealing with a real victim or someone who believes she is a victim. Accordingly, the fact finder will have a great deal of empathy for the accuser. The challenge is to ensure that you present the facts dispassionately without attacking the alleged victim so that the fact finder can neutrally evaluate the evidence for him or herself. That’s what I did and it resulted in a just outcome, an acquittal.”
Military Law
The military services follow Title 10 law regarding the prosecution of alleged sexual assault and rape cases. United States Code, Title 10, Section 920, Article 120 defines rape as any person who causes another person of any age to engage in a sexual act by using force, causing bodily harm, threatening, rendering them unconscious, or administering a drug or intoxicant. Maximum punishment by court-martial is death.
Consequences of Military Rape Conviction
Rape is a sex offense legally punishable by death in the military but most often results in jail time when there is a conviction. Aggravated sexual assault carries a maximum sentence of 25 years. When a person is convicted of a sex offense, such as rape or aggravated sexual assault, he or she will be required to register as a sex offender. Additionally, sex offenses are most often felony offenses. In many states in the United States felons lose the right to vote, hold a government job or buy a firearm. Moreover, service members will be denied discharge upgrades and will forfeit VA benefits. If you find yourself accused of sex offense call us for a free consultation.
