Maximum Sentence:
- Dishonorable Discharge
- 7 years and 6 months confinement
- Total forfeiture
- Reduction to E-1
- Sex offender registration
- Federal felony conviction
- Loss of military retirement
Case Details
This case involved yet another Marine in Okinawa charged with an alcohol-related sexual assault. Our client was charged after his friend’s wife claimed that she was sexually assaulted in her bedroom after throwing a birthday party for her husband. Allegedly, our client became highly intoxicated, crawled into bed with the victim, and sexually assaulted her while she was asleep. After being sexually assaulted, the alleged victim woke up and identified our client running out of the bedroom. While there was limited physical evidence in this case, the circumstantial evidence was strong, given that our client was the only other male in the house beside the alleged victim’s husband and our client was wearing a bright orange shirt (which she identified) and that the victim did not have any strong motives to fabricate an offense.After a week in trial, our client was convicted of abusive sexual contact. Nevertheless, the defense put on a strong sentencing argument as well as demonstrated the value of our client’s retirement. While the government asked for 18 months confinement and a bad-conduct discharge, our client received no jail time and no discharge with only a two-grade reduction in rank and restriction to base. Additionally, our client is still eligible for his military retirement.
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