Fighting the War on Sexual Assault - More Motives to Lie

When fighting the "War on Sexual Assault" sometimes we need to pull out the big guns when defending the service member and answering the "Why?" There are numerous motives for a purported victim (PV) to claim victim status. One reason could be that the PV is embarrassed that her friends or co-workers know she was intimate with someone (a stigma of indiscretion). Alternatively…

  • PV doesn't want people to think she is a " barracks whore."
  • PV doesn't want people to think she acted contrary to her religious or other values.
  • Intimacy with someone who is not socially acceptable to her friends or family, such as:
    • Different race, ethnicity, or religion.
    • Different social status or rank.
    • Too young for her; too old for her.
    • Nerdy or unpopular guy.
    • Other person was married or engaged.

Another reason could be that the PV wants the Army (or other service) to do something for her, and she believes she will get special treatment if she is "a special victim."

  • Avoid deployment.
  • Curtail deployment.
  • Discharge. (Knowing why she wants a discharge is especially helpful; your attorney should talk to her friends.)
  • MOS change.
  • Pull or reverse an Article 15, reprimand, adverse counseling.
  • Receive an award or promotion.
  • Transfer, especially if a transfer from accused's leadership chain.
Also the PV may be expecting expect some kind of compensation (civil suit or free medical treatment) if purported injuries or trauma are the result of the non-consensual conduct. One of the keys in any sexual assault, rape or Article 120 case is to dig deep in to the life of a PV to see what type of dirt is out there. Once we find the dirt, then we answer the "Why" and formulate the winning trial strategy.

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