Rape in Military

Charges were just preferred. Now they have to get it onto the docket for trial, estimated wait of 4-5 months.

For more information, the investigation has been ongoing since July. This was one of the quicker ones, according to the investigator, because he incriminated himself with statements.

The reason both the investigation and court martial are taking so long is because our system is overburdened. We have not the personnel to handle the number of trials that come out. Unlike civilian criminal courts, our attorneys are not specialized into different areas, nor our courts. We don't have family court, sexual assault courts, none of those. Not only that, our attorneys are also busy advising commanders at all levels on a bunch of other stuff not criminal in nature: property investigations, administrative punishments, money handling, and a host of other issues. I personally keep Legal on speed dial for those many times when I'm not entirely clear what im legally allowed to do as a Commader.

So, just something people should be aware of. The military legal system is probably smaller than it needs to be and a concerted effort should be made to get it expanded and increase the number of paralegals and attorneys at every level.

You guys should read the sapr reports.Your tax money does go to other things besides blackwater.

http://www.sapr.mil/

I have a noob question on this subject.

Is rape in the military common?

Thank you, Disambiguation.

Update on my court case: trial is set for 31MAR-2APR. So in a few months I'll have an update. The wheels of justice slowly turn ever on.

^^^ Thank you for keeping in touch and letting us know what's going on, all the very best to you and may justice be served *Cheers!*

<3 <3 <3

Thank you for the update on the turning wheels.

I join with Og and send my very best regards and hope for a successful outcome!

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This weekend brought me another "rape in the military" situation. One of my Soldiers was throwing a party and may have been drugged by another participant at the party. Fortunately, someone alerted her to seeing someone possibly add something to her drink (unfortunately it was after she drank it) and she had another Soldier from our unit there who watched over her the entire night. Unfortunately they did not go to the hospital until the next day and by then the ER wouldn't do a test because the drugs would be out of her system.

I take this as a mixed event because it means most of the education is starting to break through and people are being safe and that people are starting to speak up. However it isn't enough because someone should have said something IMMEDIATELY and they should have gone to the hospital IMMEDIATELY so we could have evidence to try and prosecute the alleged drugger. Things I will be covering at the next training session this quarter. Without any sort of evidence all I have is witness testimony, hard to get any kind of conviction on especially since the alleged drugger is not in my unit.

I do feel it is important that I keep the community updated so that you, the civilians, have this window into what it's like for us in the military. Keeping a dialogue going makes you better informed and gives me feedback on how you feel us civil servants are doing. I appreciate the kudos but I'm just doing my job and trying to look after my Soldiers.

^^^^ Thank you for the report. I appreciate the presentations you are providing from the 'front lines.'

Bump

Update:
Three days ago the victim decided to send a long letter to a local City Councilman detailing the ordeal she's been going through getting help from any of the many agencies that exist to support victims of sexual assault. The councilman then posted it on his website. It includes allegations that the accused has been in contact with her and been harassing her. Which is news to me because the chain of command initiated a protective order against him at the very start of all this saying he is to have "zero contact" with her. It's also news to pretty much everyone else here at the installation because she never told the CID agents who were working her case and who had a copy of the protective order so that we could enforce it. So now it looks like we don't care about the victim and just let him go do whatever he wants when if she HAD reported it we could have yanked his pay, taken rank away (further docking his pay), and possibly even put him in pre-trial confinement.

If her allegations are true then he will be facing additional UCMJ action for violation of the order. To be determined is whether it will simply be added onto his court martial or adjudicated using the Article 15 process. Hopefully they can just add it to the court martial because you can do a lot more at a court martial when it comes to punishment. Plus it serves to worsen his case when it comes to sentencing.

Trial started yesterday. Jury panel deliberations were this morning and lasted five minutes. Guilty on all charges. Sentencing hearing was immediately after, to be pronounced after lunch. All I want to say at this time is that I'm glad to remove him from my unit.

Reduction to E1, forfeiture of all pay and allowances, dishonorable discharge, 10 years confinement.

Alright, I've done what I can. Hope my updates have helped shed some light on the process. If anyone has questions I am willing to try and answer them. I'll discuss anything relevant to the case to the best of my ability.

Confinement is pretty huge.

Good job watching.

Absolutely go to the JAG. They'll have much more in depth records than the unit Commander. I was party to two court martials as an Executive Officer five years ago, one for child molestation and one for child porn. The unit's records were purely administrative and just concerned accountability of the Soldiers. JAG and CID have the complete case files and investigations and all of that. Anything that's ever gone to trial is instantly public record.

Yes, indeed.

We should look up to our service men and women who are dedicating their lives to fight for what we have, however what actually is happening is a trail of sickening acts. I cannot understand why service men and women across the world feel it is acceptable to rape civilians and others; this is a despicable act and justice ought to be tougher on these 'animals'.
I don't think these 'animals' ought to be in the military, but be inside four walls in prison!

Yes maybe; punishment by death as performed in the good old days.

I'm sorry, who are you again that just comes bursting in with rhetoric? Also the maximum punishment for rape under UCMJ is confinement for life without parole.

I suppose residing in the UK, I remember a different justice system.

Of course you would. The UK military is governed by the Armed Forces Act. UCMJ only applies to US military. I don't comment on militaries outside of my own,

If someone advocates dismemberment and mangling of other human beings and really wishes to return to the days of projects like the Spanish Inquisition, Druid Hanging Rites in the Sacred Grove, or to drink blood with the Aztecs, and feed their Gods with the blood of human sacrifice, then I think it's time for a reality check, don't you?

Found this
http://knpr.org/npr/2015-04/when-civilians-accuse-troops-rape-military-courts-often-decide

Good article, it clearly highlights the need for reform within the court martial process for inclusion of civilian victims and providing them legal protections.

Unfortunately this is a highly complex matter which would require significant and intensive study in order to make sure that civilian victims in the military justice system are afforded legal protections akin to what a military victim would receive. Fortunately the more we learn and talk about it, the better we can be at recognizing these shortfalls in the system and addressing them.

Quoting a Senator who uses her position to say cruel lies about a defenseless person...she's not the person I would think of when I was looking for justice.