Sexual Assault and Motives to Lie

As a continuing theme, we state again that your court martial defense lawyer must answer they "Why" question to have a shot at winning the trial.  There are numerous reasons a "victim" might lie, it is critical that the military defense lawyer investigate and answer the "Why" well before you step foot into a courtroom. Response to command pressure can be a motive to lie. The victim may be claiming victim status to divert command attention away from what she has done. The fabrication could be to explain:

·        AWOL/FTR.

·         Unauthorized person in barracks or violation of other visitation rules

·         Unauthorized alcohol in barracks

·         Damage to government property

·         Larceny of government property

·         Improper senior-subordinate relationship

·         Explain drunkenness or controlled substance use in barracks

·         Anything where PV needs to explain something was not her fault or to share blame with another.

Another reason to lie could be that the purported victim (PV) is in need of sympathy or attention from family, friends, or the command. This might be…

·         to feel special

·         to have someone to talk to

·         to see a mental health counselor without revealing details of the real reason (drug abuse)

·         to enjoy the attention or perceived advantage she believes will result from her accusation.

These are only a few of the motives we look to in our playbook for sexual assault, rape and Article 120 UCMJ cases.  If you are facing sexual assault charges and don't feel your military lawyer has a coherent trial strategy or the experience to answer the "Why" feel free to contact us for a complete case evaluation.