You’ve come here because you or someone you love is a military service member that been accused of rape or sexual assault. You fear a conviction, a military career destroyed, a reputation left in ruins, sex offender registration for life, and a future shattered. Those fears are justified because the danger of those consequences is real.

As politicized as rape and sexual assault in the military are, as often as the topic is the glaring focus of media attention, it unsurprising that the alleged victim is nearly always given the benefit of the doubt—believed. 

In fact, the government bends over backwards to cater to and coddle the alleged victim no matter how weak or suspect their allegations may be.  For example, the alleged victim: (1) is normally referred to only by initials in order to protect their identity, (2) can receive an expedited transfer to a preferred duty station, and (3) is showered with “victim” services supplied by the government, including an attorney.

In shocking contrast, the accused service member is dragged through the mud.  Their name is used in full for all to see. They are often removed from their duties and put into pretrial confinement, where they will languish until a trial date that is months, sometimes years down the road. Their reputation is ruined. The mental and emotional toll is sometimes overwhelming.

Fair or not, that is the way it is. And you need to confront that reality—and you need to do it NOW.  Make no mistake, the government is coming after you with everything it has, and it intends to win. Under these circumstances, you need to think long on hard on whether the free military lawyer, with perhaps less than 8 years of experience, will be enough or if you need a more seasoned court martial lawyer with a winning record.

You Have One Life and One Chance at a Court-Martial Not Guilty Verdict

Rape and Sexual assault allegations can be crippling because they inflict a near instantaneous social death.  A conviction makes things much, much worse.  

• What will you tell your wife, children, and friends?

• Do you think an employer will hire a convicted rapist or sexual assaulter with a dishonorable discharge and is required to register as a sexual offender?

• A rape or sexual assault conviction is generally accompanied by a prison sentence of years or decades.

There is hope, but only if you’re willing to fight back.  Call today for a case evaluation and get a straightforward opinion on whether their truly is anything that can be done to help you out of your UCMJ situation.

What Should I Do If I Am Under Investigation for Rape or Sexual Assault?

First, if you have not yet discussed your case with military investigators or anyone else, DON’T start now.  If investigators from CID, NCIS, OSI, or CGIS call you in for an interrogation (they’ll call it an “interview”), immediately tell them that you are invoking your right to remain silent and that you want to speak to a lawyer.  If you have already discussed your case with military investigators or anyone else, STOP doing that NOW. 

Next, you should go and speak to a court-martial lawyer so you can start preparing to combat the case the government prosecutors are working hard to make perfect, and probably have been for a long time.

• If I’m innocent, why shouldn’t I talk to the military investigators and give them my side of the story? Because they probably already think you’re guilty and they will likely twist your words into something you did not mean or did not actually say. Don’t talk to them!

And don’t wait around to speak to a court-martial lawyer.  Rape and sexual assault allegations DO NOT get better with time! A war against you is coming and you need to start preparing, just like the government has been.

The Court Room is a Battle Ground Where Experience Rules

It’s a dirty little secret that the best military trial attorneys are often assigned as prosecutors, while the junior attorneys are assigned as defense counsel, which is probably why they are free. It’s up to you whose hands you want to put your case in. 

Mr. Liebenguth has been practicing law since 2003.  He has years and years of experience—at every level of litigation. He’s fought at general and special courts-martial, at the Court of Criminal Appeals, and at the Court of Appeals for the Armed Forces. He’s also walked in the shoes of the government prosecutors, so he knows how they think. Contact our office today.

There’s No Evidence Against Me: It’s a He-Said-She-Said Case

Many service members and their families voice frustration about being investigated or charged with rape or sexual assault when it’s a he-said-she-said case and there is no other evidence. We share that frustration. Nonetheless, he-said-she-said case will almost always go to trial unless the alleged victim does not want to participate. 

Remember, in our society and in the military today, the alleged victim is generally given the benefit of the doubt. As a result, he-said-she-said cases often come down to how well military prosecutors can prepare the alleged victim to testify CONVINCINGLY at trial.  Unfortunately, government prosecutors are very, very good at this preparation. So if you are thinking that because you are innocent or because there is no other evidence against you there is nothing to worry about—you could not be more wrong. Innocent people are convicted, they are sentenced, and they do go to prison.

Hire the best military court-martial lawyer you can afford. 

My DNA Was Found. Is It Over For Me?

No.

DNA evidence is not necessarily a smoking gun for the prosecution. There are a variety of ways to battle inculpatory DNA evidence. A motion to suppress the DNA evidence so it can’t be used at trial is one potential tactic. A defense DNA expert may be able to discount the prosecutions DNA expert or convincingly explain to the jury why the DNA evidence is inconsistent with rape or sexual assault, or that your DNA could even have been transferred by another without even knowing it.

Other times, dealing with DNA evidence may be simpler.  For example, roommates or those in a relationship will often have the other person’s DNA on them.  Thus, one strategy may be to argue, “Of course there was DNA evidence found, they were dating!” It happens all the time.    

In the end, a court-martial acquittal is always possible if you have the right court-martial lawyer. 

Rape, Sexual Assault, and Other Sex Crimes Defense Practice Areas

• Rape and Sexual Assault Defense
• Rape and Sexual Assault of a Minor Defense
• Male-On-Male Sexual Assault
• Female-On-Female Sexual Assault
• Child Pornography Defense
• Sting Operation Defense
• Sexual Offender Registration (SORNA)
• SHARP/SAPR Defense