Marine Corps Rape Allegation Goes Away

U.S. v. Marine O-3 – Marine Forces Reserve, Naval Support Activity, New Orleans, LA

Allegations: Article 120 Rape/Sexual Assault
Max Punishment: Life in prison, Dismissal, Sex offender registration
Result: ALL SEX CHARGES dropped. Case reduced to a Special Court – Misdemeanor Level – for Adultery and Conduct Unbecoming
Sentence: Restriction for 60 days, NO sex offender registration, NO felony conviction, NO jail time, Forfeiture of pay
Discharge: NONE
Location/Branch/Rank: Marine Forces Reserve, Naval Support Activity, New Orleans, LA/Marine Corps/O-3

Summary: 

A married female Marine officer had a consensual affair with our Marine client. When she was caught cheating by her husband, she tried to shift the blame to our client and accused him of rape.

Our client had evidence that the affair was consensual and was determined to prove his innocence. Our client took and passed two polygraphs. The alleged “victim” refused to take a polygraph.

The female officer continued to lie and change her story as our evidence was presented.  The alleged victim had a history of lying and adultery. Because some NCIS agents want convictions, regardless of the truth, they ignored key evidence and failed to collect evidence that proved our client’s innocence. They also disregarded the two polygraphs. The Marine prosecutors and NCIS completely disregarded the exculpatory evidence and pushed forward with a court martial.

Mr. Waddington aggressively fought the allegations at Article 32. The NCIS agent was exposed as incompetent and corrupt. The Article 32 officer determined that our client was innocent of rape. The NCIS agent became angry after Article 32. He then launched a personal vendetta against our client, contacted his civilian employer, and tried to get our client fired by claiming he was a rapist.

Luckily, we had the two polygraphs and the result from Article 32.

In the end, the rape charges were dropped, and our client pled guilty at a lower court (Special Court-Martial) to adultery (the alleged victim was married, our client was single) and conduct unbecoming an officer and gentleman.

As a reward, the alleged victim was given protected “Victim Status” and continues to serve as a Marine Officer. She was never disciplined for adultery or for lying.