Alcohol Blackouts and UCMJ Article 120 Military Sexual Assault Defense Lawyers

Falsely Accused of Military Sexual Assault – UCMJ Article 120?

Our UCMJ Article 120 Military Defense Lawyers Can Help

Military service members and their families are often falsely accused of sexual assault in the military. The consequences for a false conviction can be devastating, including dishonorable discharge from the military, imprisonment, and sex offender registration. You must know your rights if you’re falsely accused of a sex crime in the military and find a military defense lawyer as soon as possible.

Falsely accused of military sexual assault?

You need to have an experienced lawyer on your side who will fight for justice on your behalf. Gonzalez & Waddington has released a new YouTube video entitled “Falsely Accused of Military Sexual Assault: What Should I Do?” which sheds light on what victims should do if they or a loved one are falsely accused of sexual assault in the military. In the video, court-martial defense lawyer and best-selling author Michael Waddington gives proactive steps to avoid false convictions and select the best lawyer for representation when faced with these allegations.

If you’ve been falsely accused of committing a crime against another person in the military, it’s important that you take action immediately by contacting an attorney at our firm as soon as possible so we can help protect your rights!

What Are Blackouts?

Click here to download the complete article on alcohol blackouts.

Call a Military Defense Lawyer that Defends Military Sexual Assault Allegations

We’ll answer any questions about what happens during court-martial proceedings and provide legal advice tailored specifically to meet your needs – whether it’s defending against military sexual assault charges under Article 120, UCMJ.

Alcohol Blackouts and Military Sexual Assault

“Alcoholic blackouts are a time period that someone can’t remember because they were drunk. They may not know what happened, and other people may be unable to tell them either.” This is the definition of an alcoholic blackout, according to WebMD.

The term “blackout” was first used in 1956 by American neurologist Dr. Henry Woltman when he found that alcoholics would sometimes forget periods of drinking ever happened even though they could still drink more without getting too drunk or sick from it. He coined the term “alcoholic blackout,” which refers to a state where you don’t remember anything that has been happening for some time after drinking alcohol because your brain couldn’t keep up with processing information while intoxicated.

How Long Does an Alcohol Blackout Last?

A blackout can last from a few minutes to several hours. Alcohol affects the brain’s hippocampus, an important area for memory. This causes fragmented memories and problems with forming new ones when you’re in this blackout state. You may not remember what happened, but it will also be difficult or impossible for others to tell you about your condition because no one can really tell what your mental state was at the time.

It’s important to remember that alcohol affects everyone differently, and there is no one way for an alcoholic blackout to happen. There are certain factors, such as how much you’ve been drinking or if it’s a person’s first blackout, which may affect this blackout experience, but most times, it’s completely random.

An alcoholic blackout is a condition that can result from alcohol abuse, in which the person engaging in drinking has no memory of their actions while under the influence. Blackouts during or after drinking have been documented for centuries, and were characterized by Victorians as “temporary insanity”. In modern times, they are primarily associated with binge drinkers who engage in unprotected sex and are, in some cases, considered to be a form of drug-facilitated sexual assault.

An alcoholic blackout is not an excuse for bad sexual behavior.

The phrase “alcoholic blackout” is often used interchangeably with the more general term amnesia; it can also refer to memory loss due to other substances such as benzodiazepines or opioids. Alcohol may produce blackouts by interfering with the encoding of memories. Drinking after a period without drinking can also lead to blackouts, as alcohol drinkers develop a tolerance and need more drinks for intoxication than non-drinkers.

In the military, many fake sexual assault victims blame their poor decision-making on alcohol. It is an easy excuse, and the military tends to embrace poor decision-making when it comes to alcohol-abusing victims of sexual assault. This leads to a lot of false sexual assault allegations in the military. If you are cues of false sexual assault allegations that mom’s alcohol call and speak with an experienced military defense lawyer today.

Many people who experience an alcoholic blackout are not aware they have even had one until information from friends or family is relayed about what happened while they were drinking.

The science behind alcohol blackouts

Authors of scientific studies have concluded that no one knows what causes blackouts, but they are most likely caused by a lack of thiamine in the brain. Some experts speculate that alcohol impairs the neurotransmitter glutamate, which is responsible for memory function and retrieval or encoding of memories into long-term storage. Alcohol also has sedative effects on the brain and can cause memory lapses.

Alcoholic blackouts are associated with binge drinking or chronic alcoholism. Heavy drinkers who experience a blackout may have consumed more than 300 ml of alcohol per hour (approximately 12-14 drinks in two hours). The risk of experiencing an alcoholic blackout is much higher for people who drink on an empty stomach.

What is an alcoholic blackout?

Blackouts may be caused by too much alcohol, a lack of food in the stomach, and/or sleep deprivation. Some blackouts may be caused by the body’s inability to break down alcohol as a result of enzyme deficiencies.

It is possible for someone with an alcoholic blackout to do things that individuals without one cannot remember later on, including having sex or driving and causing accidents. If you suspect your loved one is in danger because of blackouts they may be experiencing, it is important to talk with them about how they are feeling and what you have overheard.

It’s not possible for someone experiencing an alcoholic blackout to control their behavior or learn from the experience afterward because they won’t remember it at all. The best way for people who suffer from blackouts due to alcohol abuse is to seek professional help to stop drinking.

Blacked-out people CAN CONSENT to sexual activity.

A common misconception is that a person cannot have an alcoholic blackout if they are not drunk enough, but this simply isn’t the case. Alcohol affects everyone differently, and it’s impossible to predict how much someone will drink until after things happen. This means that even people who don’t show outward signs of being intoxicated could be at risk of having a blackout.

Sample Cross-Examination Questions for Alcohol Blackout Experts

These questions come from our best-selling book, Pattern Cross-Examination for Expert Witnesses:
A Trial Strategy & Resource Guide, Michael Waddington & Alexandra González-Waddington.

Point: Types Of Blackouts

Q: Large amounts of alcohol can cause memory loss?
Q: Alcohol consumption can impact memory formation while a person is intoxicated? Q: Alcohol consumption can cause partial long-term memory loss?
Q: Alcohol consumption can cause complete long-term memory loss?
Q: These memory losses are called blackouts?
Q: They are also called alcohol induced amnesia?
Q: Partial long-term memory loss is called a fragmentary blackout?
Q: Complete long-term memory loss is called an “en bloc” blackout?
Q: These memory losses are more likely to happen when the alcohol is consumed rapidly?
Q: These memory losses are more likely to happen when the alcohol is a higher potency?
Q: For example, six shots of vodka in five minutes is more likely to cause memory loss than six ultra light beers over two hours?
Q: Blackout affects a person’s ability to form new memories while the person is intoxicated?
Q: Blackouts can occur even when subjects are capable of participating in salient, emotionally charged events, such as at their brother’s wedding?
Q: Blackouts can occur during mundane events, like sitting at home and watching a re- run on TV?
Q: Blackouts do not affect memories formed before the intoxication.
Q: Blackouts do not erase past memories?
Q: For example, if I drank and blacked out, the blackout would not make me forget something that happened to me as a child?
Q: In a blackout, alcohol impairs the ability to form new memories while the person is intoxicated?
Q: A person that has experienced a blackout in the past is more likely to experience one in the future?

Point: You Cannot Refresh A Blacked Out Memory

Q: When experiencing an “en bloc” blackout, a person cannot recall any details whatsoever from events that occurred while they were blacked out.
Q: Is an “en block” blackout a complete blackout?
Q: If a person experiences an “en bloc” blackout, their memory cannot be refreshed? Q: Their memory cannot be brought back?
Q: Their memory cannot be returned, even if someone tries to cue their recall.
Q: Cueing recall is when someone tells the blacked-out person what happened in an attempt to help them remember.
Q: If someone truly experienced an “en bloc” blackout, then their lost memories cannot come back?

Point: Blacked Out People Can Function

Q: During an “en bloc” blackout, can people remember things in the short term?
Q: Can a blacked-out person carry on conversations?
Q: A blacked-out person can drive an automobile?
Q: Can a blacked-out person write an email?
Q: A blacked-out person can read a book?
Q: A blacked-out person can listen to music?
Q: A blacked-out person can engage in sexual activities?
Q: Can a blacked-out person make purchases on Amazon?
Q: Can a blacked-out person engage in other complicated behaviors?