Defend against Sexual Assault, UCMJ Article 125 Sodomy allegations, SHARP lawyer, 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 charges all over the world including Article 125 Sodomy charges. 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 with the help of a Military Sexual Assault Lawyer. Having a lawyer experienced in SHARP cases can make all the difference.
If you are facing a court-martial for sexual assault Article 125 Sodomy 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 sexual assault 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. Regardless of where you are in the SHARP process, it’s important to speak with a lawyer experienced in SHARP cases.
What are the consequences of false sexual assault Article 125 Sodomy 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, including Article 125 Sodomy, are indefinite. Service members can also experience the possibility of losing their veteran’s benefits if given a discharge that is other than honorable. The military is hyper-focused on bringing SHARP cases to trial so if you are under investigation for SHARP, speak to an experienced SHARP attorney before making any statements.
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 125 or have already been charged, or need to appeal a sexual assault conviction at court martial call now to speak with an experienced military sexual assault lawyer.
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 accusers 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 a court-martial defense lawyer with experience with SHARP.
The following are some of the elements of UCMJ Article 125 Sodomy
a. Text of statute.
(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offense.
(b) Any person found guilty of sodomy shall by
punished as a court-martial may direct.
(1) That the accused engaged in unnatural carnal copulation with a certain other person or with an animal. [Note: Add any of the following as applicable]
(2) That the act was done with a child under the age of 12.
(3) That the act was done with a child who had attained the age of 12 but was under the age of 16.
(4) That the act was done by force and without the consent of the other person.
c. Explanation. It is unnatural carnal copulation for a person to take into that person’s mouth or anus the sexual organ of another person or of an animal; or to place that person’s sexual organ in the mouth or anus of another person or of an animal; or to have carnal copulation in any opening of the body, except the sexual parts, with another person; or to have carnal copulation with an animal.
d. Lesser included offenses.
(1) With a child under the age of 16.
(a) Article 125—forcible sodomy (and offenses included therein; see subparagraph (2) below)
(b) Article 80—attempts
(2) Forcible sodomy.
(a) Article 125 – sodomy (and offenses included therein); see subparagraph (3) below)
(b) Article 134—assault with intent to commit sodomy
(c) Article 80—attempts.
(3) Sodomy. Article 80—attempts
[Note: Consider lesser included offenses under Art. 120, depending on the factual circumstances in each case.]
e. Maximum punishment.
(1) By force and without consent. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.
(2) With a child who, at the time of the offense, has attained the age of 12 but is under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
(3) With a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.
(4) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
f. Sample specification. In that (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about 20, commit sodomy with , (a child under the age of 12) (a child who had attained the age of 12 but was under the age of 16) (by force and without the consent of the said ).
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, if you need a lawyer experienced in SHARP, 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.
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If you are a soldier, sailor, airman, or Marine facing a military court-martial or
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