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Defend against Sexual Assault, UCMJ Article 120 allegations, appeal a sexual assault conviction

Why choose our attorney to represent you against military sexual assault allegations or represent you in an appeal of a sexual assault conviction?

I am court-martial defense attorney Peter Kageleiry, Jr. Since 1998, I have successfully defended and prosecuted sexual assault Article 120 charges all over the world. I am an aggressive investigator and an experienced military trial attorney. I am experienced in cases where there are false allegations. You would hope that people would not falsely accuse others of crimes such as these. These accusations are incredibly serious and must be dealt with thoroughly.

If you are facing a court-martial for sexual assault you are in for the fight of your life. Military law enforcement and military prosecutors will use every means at their disposal to secure a conviction. The consequences of a court-martial conviction for sexual assault are serious and may include: prison, a punitive discharge and sex offender registration. This can happen even in the event of false allegations. You need an experienced military defense attorney who will fight to protect your rights and your freedom. If you have already been convicted of sexual assault, you need experienced representation to appeal a sexual assault conviction.

What are the consequences of false sexual assault allegations and can we appeal a sexual assault conviction?

Service members convicted of sexual assault can expect to have to register as sex offenders, a designation that can remain for their lifetime. This designation can reduce a person’s quality of life, keep them from getting jobs they are qualified to do, and hinder their participation in society overall. Regardless of whether service members get jail time or are separated from the military, the consequences of a military sexual assault conviction based upon false allegations are indefinite. Service members can also experience the possibility of losing their veteran’s benefits if given a discharge that is other than honorable.

You need a defense attorney who knows the law and knows how to aggressively defend against sexual assault allegations, including false allegations. If you are under investigation for sexual assault, Article 120 or have already been charged, or need to appeal a sexual assault conviction at court martial call me now.

Frustrated Soldier leaning against a shipping container; Law Office of Peter Kageleiry. Jr. defends service members against Article 120 Sexual Assault allegations. assists with appeal Article 120 Sexual Assault conviction

The Most Experienced Lawyer In The Courtroom Should Be Your Defense Counsel

Sexual assault is a serious charge that requires a tough, experienced and aggressive court-martial defense attorney to protect your rights and your freedom. In recent years, the military services have come under tremendous political pressure to get convictions based on sexual assault allegations. Each of the military services has developed special programs intended to strengthen the investigation and prosecution in these types of cases. Congress even took the unusual step of amending the Uniform Code of Military Justice to limit certain defenses previously available to accused service members. This also makes it even more important to have an experienced lawyer to appeal a sexual assault conviction.

Congress also weakened the protections in Article 32 of the UCMJ changing the pretrial investigation into a mere hearing. What was once a significant right of service members to discover the evidence against them and question their accuser is now a more limited hearing. False allegations sometimes happen. Now more than ever, if you are accused of rape or sexual assault it is vital to have an experienced court-martial defense lawyer on your side.

What are the most recent updates to UCMJ Article 120, rape and sexual assault?

Since 2006, Congress and the President have made numerous changes to the law and procedure governing rape and sexual assault prosecutions in the military. These changes are intended to assist military prosecutors to obtain a higher rate of conviction. It was a straightforward area of military law. UCMJ Article 120 is now extremely convoluted and complex. Congress’ first attempt to rewrite Article 120 in October of 2007 was a disaster. It was so bad that the 2007 version had to be repealed and replaced by another version in 2012. The military appellate courts are still working through the many issues raised by the 2012 version of Article 120. For this reason, attorney experience with sexual assault appeals are critical to those already having been convicted.

Cover of the 2016 Manual for Courts Martial Article 120, Sexual Assault, Fasle allegations

This is the cover of the latest Manual for Courts-Martial of the United States, It includes Article 120, Sexual Assault, False allegations

Prior to 2007, the prosecution in military rape and sexual assault cases was required to prove that the sex occurred “without the consent” of the alleged victim. Lawmakers explicitly chose to remove this element from the 2007 version of Article 120. Congress was trying to legislate common sense out of the statute. Consent is almost always an issue in a sexual assault trial. The current version of Article 120 is also designed to assist the prosecution by removing “consent” from sexual assault cases. However, experienced military lawyers, know how to introduce evidence of consent and mistake of fact as to consent to defend military members against unjust charges of rape and sexual assault. Experience in this type of evidence is especially critical when facing false allegations.

The old 2012 version of Article 120, UCMJ, took up half a page in the Manual for Courts-Martial. The current version of Article 120, invents new sexual assault offenses and includes two full pages in the Manual for Courts-Martial. There are an additional eleven pages of discussion. Military prosecutors often charge one offense under multiple provisions of the statute. They reason that this tactic increases the odds of a conviction. In fact, most court martial appeals are appeals of an Article 120 conviction. The statute text and elements of each of the offenses from this current version are too numerous to list here – the simplified text of a portion of the old statute is below. However, you can access the full list of current elements from the MCM 2019 at this link. These updates have important changes and consequences for those who serve. For more information on a particular sexual assault charge, consult with an experienced military lawyer – one who has successfully defended sexual assault charges under Article 120. Article 120b, and Article 120c, and the experience to appeal a sexual assault conviction.

The 2012 Manual for Courts Martial regarding Article 120 includes the following:

Rape is when someone commits a sexual act upon another by using unlawful force against that other person. Force includes when causing or likely to cause death or grievous bodily harm to another person when committing a sexual act; it also includes threatening or making that other person be afraid that they might die, be hurt, or be kidnapped.

A person who makes another unconscious with the intent of committing a sex act on that person with out their consent is also considered guilty of rape or sexual assault.

The following are some of the elements of UCMJ Article 120

(1) Rape involving contact between penis and vulva or anus and mouth

(a) By unlawful force

(b) By force causing or likely to cause death or grievous bodily harm

(c) By threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping

(d) By first rendering that other person unconscious

(e) By administering a drug intoxicant or other similar substance

(2) Rape involving penetration of the vulva or anus or mouth by any part of the body or any object.

For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.

Contact The Law Office of Peter Kageleiry, Jr.

No matter where you are stationed in the world, contact my office +‪(757) 504-2815 or through our convenient online form to schedule a consultation.

Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions.

Defending Your Freedom

If you are a soldier, sailor, airman, or Marine facing a military court-martial or
if you are under investigation put Peter Kageleiry to work in your military defense.
Your military career, your service record and your future depend on it.

Contact Us or Call for a consultation: ‪(757) 504-2815

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