Military defense lawyer, Michael Waddington, discusses false allegations of sexual assault in the Military and why they happen so often. Call our Article 120 UCMJ military sexual assault lawyer to discuss your options if you or a loved one are wrongly accused of sexual assault or rape in the military.
In the disciplined world of the military, where honor and integrity are paramount, false allegations, especially those related to sexual assault under Article 120 UCMJ, can be devastating. These allegations not only tarnish reputations but can also lead to severe legal consequences. As military defense lawyers, we understand the gravity of such accusations and are committed to ensuring that justice prevails. This page delves into the intricacies of false military sexual assault allegations and the importance of expert legal defense.
Understanding Article 120 UCMJ
Article 120 of the Uniform Code of Military Justice (UCMJ) addresses sexual assault and rape within the military community. It’s a comprehensive statute that defines various sexual offenses and their respective penalties. Given the military’s commitment to maintaining a safe environment for its members, the allegations in this article are treated with utmost seriousness. However, the very gravity of these allegations makes the consequences of false accusations particularly severe.
Why False Allegations Occur
False allegations arise due to various reasons:
The Impact of False Allegations
The repercussions of a false accusation under Article 120 UCMJ are profound:
The Role of a Military Defense Lawyer
In the face of false allegations, a military defense lawyer plays a pivotal role:
Why Choose Us?
False military sexual assault allegations under Article 120 UCMJ
False military sexual assault allegations under Article 120 UCMJ can be life-altering. The stakes are high, both personally and professionally. In such challenging times, having a seasoned military defense lawyer by your side can make all the difference. We are dedicated to ensuring that the truth prevails, safeguarding your rights, reputation, and future. If you or someone you know is facing such allegations, reach out to us. Let our expertise be your shield in these trying times.
It doesn’t matter if you’re guilty. It doesn’t matter if you’re innocent. They want to get rid of you. My name is Michael Waddington, and I’m a military defense lawyer. Many of my cases involve false claims of military sexual assault. In this video, I will explain to those who are watching who call us after being accused or put under investigation. You cannot understand why the military is taking the side of someone falsely accusing you.
False allegations of Article 120 UCMJ sexual assault happen all the time in the military. A lot of the statistics that they throw around are not accurate. They’re speculative. They are written up by victim advocacy lobby groups that say that false sexual assault allegations do not exist. They claim that, in the military, there’s no such thing as a false sexual assault.
I can tell you from 20 years of experience, that they happen all the time. We defend fake rape claims in the military all the time. We expose these fake accusations all the time. That being said, if you don’t believe they exist, you can click out of this video and drink the Kool-Aid elsewhere.
I want to talk to those of you out there that know false sexual assault accusations exist because you’re at the receiving end of such an allegation now. If you are falsely accused of sexual assault in the military, the prosecution, the JAG Corps, your command, your co-workers, and particularly NCIS, OSI, CID, or whatever law enforcement investigative agencies looking into this, all agree on one thing, you’re guilty.
You’re guilty because false allegations of Article 120 UCMJ sexual assault don’t exist? What else could it be, you must be guilty, and they come to that conclusion because they’re biased. So these folks go into the job, assuming that everyone who makes an allegation against someone else is telling you the truth. Even without any evidence, we see it all the time where the prosecution argues that you can believe someone beyond a reasonable doubt with no evidence. I mean, these bogus prosecutors need to go back to law school and read the Constitution. But, they argue that in so many cases.
I want you to get this through your head. Suppose you’re a mom or dad, particularly. The command doesn’t care if your son served 25 years in combat. The command doesn’t care if your son has never been accused of anything in their entire life. The command doesn’t care if your son has never done anything to anyone. The command doesn’t care if your son has no criminal record. They don’t care if your son is innocent. They don’t care. If your son treats everyone with respect. They are a model soldier, sailor, airman, or Marine. They don’t care. If your son is the best person in the world. They don’t care. They don’t care if your son has a bronze star with valor.
Why? Because somebody (an alleged victim) they don’t even know has said that your son is a rapist, a bad person, or a sexual offender. Why? Because someone accused your son of being a military sexual offender. therefore, the command must do whatever they can to support, back up, and prove the alleged victim’s claim, even if it is a false sexual assault accusation.
Even if you are innocent, don’t assume that you’re in the same situation as you were before the allegations were launched against you. You’re not in the same situation as every other service member. Keep that in mind.
You’re GUILTY until proven innocent in the military justice system, despite what the law says. Now, that goes from the beginning of the case until the end. So even if you are acquitted of an Article 120 UCMJ crime in a court-martial, your commander will likely still treat you as if you are guilty.
When we go in front of a jury, their true bias starts leaking out. So many of them are like, “Whoa, if I was innocent, I would take the stand.” They have an inherent bias that the accused did something wrong. “Otherwise, you wouldn’t be sitting there.”
None of them ever raised their hands, in all my years of experience, and agree that the accused is truly innocent until proven guilty beyond a reasonable doubt. They often say, “If the JAG prosecutors did not have the evidence or the proof, it would not have gotten this far, to a court-martial.” Many military jurors believe if you’re under investigation, you are guilty.
In military sexual assault investigations, JAGs almost always say the case is “founded” or substantiated” – Even with little proof and a lying alleged victim.
JAGs always say it’s founded. Because if they say that the sexual assault allegation is unfounded, they have to write this super long memo. Then, Congress is going to be all over their butts. Plus, their command is going to be over the butts. If they don’t write a long memo covering the command, the command will press forward. Very few JAGs are willing to put their neck out on a line even when there isn’t enough evidence.
So they just say, substantiated, or founded. Then they press the case forward to trial. Over the past couple of years, we’ve had many, many people falsely accused of military sexual assault. In these cases, the government knows they can’t prove the charges. They’re not even close. So the command will take the easy way out. Instead of having the moral integrity to say this is a false allegation, or we don’t have the proof, they will almost always take negative action against the accused. They try to hurt the accused even when the allegation is 100% false.
A lot of military commanders are cowards when it comes to dealing with false military rape and sexual assault allegations. They sacrifice innocent service members than risk their careers. These types of commanders would sacrifice your son in combat for no good reason just to make themself look good. Then, they’ll hit you with their GOMAR or reprimand, even if you are innocent of sexual assault. Or, they’ll do some sort of administrative action against you. Maybe hit you with non-judicial punishment, which has a different proceeding, so you don’t have the same amount of rights. They will try to separate you quickly with an Other than Honorable Discharge, even for a false allegation.
You may be wondering, wait a minute, I’m innocent. I served 17 years in the military. I served multiple combat tours with no misconduct in my background. So you’re telling me that if I get falsely accused of a sexual crime, the military may still try to ruin my career and kick me out?
Yeah, that’s what I’m telling you. If you didn’t get that point this far, I’ll tell you again. It doesn’t matter if you’re guilty. It doesn’t matter if you’re innocent. They want to get rid of you.
In these JAG prosecution meetings, they say, where there’s smoke, there’s fire. Smoke means a false allegation or some allegation. So if there’s smoke, they’re going to cut you out.
The philosophy of the senior military leaders is that sexual assault is like cancer. Even if you have a little growth on you, it could be cancer and might not be cancer. Why risk it? Cut it out.
In this analogy, anyone accused of military sexual assault is the suspected cancer. However, in this case, even if you are innocent, they have to kick you out with an Other than Honorable Discharge. Why? Because it would look ridiculous if you were falsely accused, and they knew it, and they have you an Other than Honorable.
So they need to fabricate some basis to kick you out with an OTH. In that case, they need to give you a letter of reprimand or non-judicial punishment. Then they use that reprimand, which requires no evidence at all other than an allegation against you.
They will hit you with a reprimand, which you can’t do much about. Then they’ll try to administratively separate you. When they administratively separate you at an administrative separation board, they have a decent chance of winning, even with little to no evidence.
Why? At an administrative separation board, the standard of proof is 51%. This is a much lower standard of proof than at a court-martial. At an administrative separation board, you don’t have the same rights. You cannot subpoena witnesses. At an administrative separation board, you’re often stuck in a no-win situation.
Now, we can win at an administrative separation board. But it depends on how fair the prosecution is. It depends on if they stack the board members. The JAGs may handpick board members that are buddies with the commander. They may pack the board with members the commander knows will kick you out even if you’re innocent. It depends on whether or not they hand over the evidence.
We’ve had many cases where the sexual assault allegations are fake. These cases didn’t end up in a court-martial but then got sent to an administrative separation board. Sometimes, in these administrative separation boards, we don’t get all the evidence. There’s no judge to compel them to hand over the evidence. When the prosecution is not playing fair, you don’t have the same rights. So sometimes, we don’t get the evidence until it’s too late.
You might not get the complete investigative file if you’re administratively separated for a false sexual assault allegation. We’ve had several cases where we go to an administrative separation board. After the administrative separation board, we start getting evidence showing that the person’s lying or showing holes in the investigation or exculpatory evidence. In other words, they hid the evidence, and we later find out when it is too late.
So again, go back to the beginning of this video where I say, how can they be railroading you if you’re falsely accused? If you’re a veteran? How can they treat your son, daughter, or family member like this? Easy. They have to vilify you and dehumanize you first.
Like I’ve been saying, they call you a rapist. They say you’re a predator. They say that they might not have the evidence. But, they know you did something. It makes it much easier for them to dehumanize you, as a sexual assault predator, as a rapist, as someone who commits military sexual assault. It makes it much easier for everyone along the chain to go along with it.
What’s the big deal? Are we protecting future servicemembers?
“Just because we didn’t have the evidence,” they always say, “doesn’t mean he didn’t do it.”
well, that doesn’t make any sense. If they don’t have the evidence, then you have no evidence that he did it. So it’s illogical to say, just because we don’t have the evidence doesn’t mean he didn’t do it. It does mean he did do it either. So why are you railroading somebody and kicking them out? So the bottom line is if you’re accused of rape in the military, military, sexual assault, abuse of sexual contact and military, or anything like that. You’re not guilty, and you’re falsely accused, or if you even may have done some of it, you need to talk to a lawyer who is experienced in dealing with military sexual assault in defending military sexual assault cases as soon as possible.
Call 1-800-921-8607 to speak with a sexual assault defense attorney today.
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