Raped in an Italian Mini-Car, Really?
U.S. v. Navy E-5 – NSA Naples, Italy
Allegations: Article 120 UCMJ, Sexual assault, 2 “victims”
Max Punishment: 65 years in prison, DD, and sex offender registration
Result: NOT GUILTY OF ALL CHARGES
Discharge: NONE
Location/Branch/Rank: NSA Naples, Italy/Navy/E-5
Summary of the Case:
Our client faced three specifications of sexual assault involving two alleged victims. The first victim (Victim #1) was a civilian family member of a Navy sailor visiting Italy during her summer break from college. The second alleged victim was a Navy sailor (Victim #2) stationed in Italy and a coworker of the accused.
Our client, a smart and kind analyst, was well-liked and had many friends in his unit before the allegations.
The Encounter in Pozzuoli
The story began when our client met Victim #1 in Pozzuoli, Italy. She was with friends and family, while our client was dining at a restaurant. They chatted briefly before parting ways.
Fourth of July Party
A few nights later, on the Fourth of July, a group of Navy sailors and coworkers, including our client and Victim #1, attended a party. At the party, our client and Victim #1 flirted and decided to get into the back of his tiny Fiat mini-car, where they engaged in consensual sex in various positions.
Meanwhile, some drunken friends, led by a “Victim Advocate,” started looking for her, worried about her safety. Despite the consensual nature of the encounter, the victim’s advocate began making allegations against the accused.
Drunken Interference by a Man-Hating SAPR – SARC
Meanwhile, some drunken friends, led by an overzealous “Victim Advocate,” started searching for Victim #1. When the search party found the victim and the accused hurriedly getting dressed. Embarrassed, Victim #1 ran back to the house.
Despite her consensual activities with the accused, the advocate fabricated a rape case, leading to a chaotic situation.
Manipulation and False Allegations
The next day, the advocate pressured Victim #1 into making a rape allegation. NCIS was called, and an investigation began. In their efforts to build a case, NCIS searched for other women who were willing to speak against the accused. They found Victim #2, a coworker, who falsely claimed the accused had also assaulted her.
Bullying and Isolation
Victim #2 claimed she wanted to support Victim #1, alleging the accused assaulted her while dancing at a party. Soon, the unit ostracized and bullied our client, leaving him isolated in Italy without support.
Mounting a Defense
Michael Waddington flew to Naples, Italy, for the Article 32 investigation to get the charges dropped. However, the government used the investigation to strengthen its case, referring it to a General court-martial. On the eve of the trial, our client faced over 60 years in prison, a dishonorable discharge, and sex offender registration.
Trial and Victory
Court martial defense lawyers Mr. Waddington and LT Bryan Barletto fought the charges before an enlisted jury at Naples, Italy. The Navy brought in two experienced prosecutors, but Mr. Waddington skillfully countered their objections and tactics.
Both of the victims were well-coached and theatrical on the witness stand. Unsurprisingly, many of our client’s Navy coworkers took the stand against him in support of the alleged victims. Mr. Waddington and LT Barletto shredded the prosecution witness on cross-examination, exposing lies, collaborating, and coaching. They picked apart the NCIS allegation and showed its bias and the NCIS agent’s incompetence.
By the trial’s end, it appeared the prosecution was hiding evidence and misleading the jury. In his closing argument, Mr. Waddington exposed their weak case and dirty tactics, and the jury agreed.
Result: NOT GUILTY OF ALL CHARGES
Celebration in Capri, Italy
Instead of prison, our client, Mr. Waddington, and his client’s family celebrated with a day of sightseeing, boating, and enjoying Italian gelato on the beautiful island of Capri.
Italy Court Martial Defense Lawyers
Facing court-martial allegations is a daunting and life-altering experience, especially for Navy sailors stationed overseas. The stakes are incredibly high, with the potential for severe penalties, including long-term imprisonment, dishonorable discharge, and lifelong stigmatization. Experienced civilian court-martial defense lawyers like Michael Waddington are crucial to navigating this complex legal battlefield.
Their experience, relentless defense strategies, and understanding of military law can make all the difference in clearing your name and securing justice. If you or a loved one face similar allegations, don’t leave your fate to chance—secure a defense team that will fight tirelessly for your rights and freedom.
