Many service members assume that without physical evidence, a case cannot move forward. This Gonzalez & Waddington tutorial is educational, not legal advice. If you have a live investigation or court-martial, call 1-800-921-8607.
Quick answers
Should I talk to CID, NCIS, OSI, or CGIS after watching this?
No. Appear if ordered. Do not waive rights. Do not consent to a phone search. Invoke Article 31(b) and call counsel the same day.
What if investigators say they just want my side?
That is evidence collection. Do not clear it up. Stop talking, write a private timeline for counsel, and call Gonzalez & Waddington: 1-800-921-8607.
Watch on YouTube. Questions about a case: call 1-800-921-8607 or text 954-799-4019.
Educational information only. Not legal advice. Using this briefing does not create an attorney-client relationship. Facts, commands, and outcomes vary. For advice about your case, speak with a lawyer.
Video transcript
Transcript of the video “Charged Without Physical Evidence? Military Court-Martial Reality,” with Michael Waddington of Gonzalez & Waddington.
Read the full transcript of this video
In a military sexual assault case, can a person be charged without physical evidence? Absolutely. It happens all the time. Charges can be based on statements alone, if the investigator believes they’re true. And you can be convicted based on statements alone. In the military, there’s a trend called “Start by Believing”: start by believing alleged victims, no matter what. You don’t question them; you take their word for it. So yes, charges can be based on the statement of one person alone.
The thing is, physical evidence helps, but it’s not required. That’s why these cases often hinge on credibility, on forensic evidence, and on how thorough and complete the law enforcement investigation was. These are all attack points a defense lawyer can use to show reasonable doubt in a criminal case. But the lack of physical evidence alone…
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