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Tim Bilecki

The Mental Burden of Military Investigations

In the military justice system, even the mere accusation of a serious crime can unravel a Soldier’s life. Whether guilty or innocent, the psychological burden can be overwhelming.

It is easy to assume that one incident is wholly unrelated to the next, but that tends not to be the way leadership views documented misconduct. The term “pattern of misconduct” is often used to describe a Soldier who is seen as unable to coexist in the service. It denotes some fundamental character flaw or inability to demonstrate reasonably good judgment. At its heart, a “pattern of misconduct” is indicative of some errant psychology, whether it’s obliviousness to the rules or a simple disregard for them.

The psychology of someone who repeatedly offends is always a focus during separation. Yet, we rarely discuss the psychology of someone who is falsely accused of serious offenses, placed in a legal hold status for months, loses all of their friends and command support, and has to constantly think about an outcome where they are incarcerated under a mandatory minimum sentence, after which they will be a registered sex offender for life.

The Emotional Toll of an Investigation

In the military, being innocent doesn’t shield a Soldier from the psychological turmoil that accompanies an investigation. The mere accusation can unravel their life, triggering a mental burden that few outside of the system can truly understand. Soldiers are prosecuted routinely for allegations that are often questionable. Commands often seem oblivious to what this process is like for a Soldier, guilty or innocent.

The Soldier is first informed that they need to report to the Criminal Investigation Division (CID) (if CID does not approach them first). Usually, the First Sergeant is the one who informs the Soldier of their meeting with CID. Typically, a Military Protective Order (MPO) is issued around this time, letting the Soldier know what they are roughly accused of.

This marks the beginning of a long, uncertain journey—one where the stakes are as high for the mind as they are for freedom.

How Misleading Information Deepens Anxiety

With limited information, Soldiers often turn to the internet, searching terms like “sexual assault” or “rape” to understand the gravity of what they are facing. Granted, one does not need to be an attorney to know that these allegations are serious given the amount of SHARP training Soldiers receive. But it is typically here where the Soldier comes to realize that if convicted, they will have to register as a sex offender after being incarcerated and discharged from the military.

The initial shock quickly gives way to a profound and unrelenting dread. At this stage, the information the Soldier receives is typically flawed or incomplete—whether coming from the command, Army CID, or the internet. The Soldier does not know it is flawed or to what extent it is flawed but will generally assume the worst. The information coming from the Army is often obscured to incentivize the Soldier into making a statement to CID. Information becomes quid pro quo. The Government tends to have a powerful bargaining position when its subject is desperate for certainty. After the CID interview, the Soldier’s mental health will often deteriorate as the investigation and decision-making process drag on.

A Shadow That Never Fades

We do not make this point regarding mental health anecdotally. Roughly thirty percent of the service members who take their own lives are under some form of investigation. Studies show that the stress of being under scrutiny can lead to severe depression and anxiety disorders, contributing to the tragic loss of life among service members. While this evidence of suicide while under investigation is statistical, Defense Counsel could sadly provide you with anecdotal evidence of our own.

For these Soldiers, the experience is like living with a shadow constantly over their shoulders—one that refuses to fade even with the knowledge of their own innocence. When a Soldier is accused of a crime such as sexual assault or rape, their life changes immediately in an existential way. Friends disappear. Command support deteriorates. The Soldier becomes a pariah regardless of whether they were previously a “hard charger” or a nobody. Regardless of whether the allegations are true or not, the Soldier will typically become paranoid, seeing even minor professional disagreements as “connected” to the investigation or someone’s belief in their guilt. Anxiety snowballs.

Coping Mechanisms and Their Consequences

When the allegations are fabricated, the same paranoia couples with a debilitating sense of betrayal. Frequently, the Soldier’s entirely un-objective perception of reality leads to despondency. The Soldier’s life is bereft of any kind of certainty. This uncertainty can be more punishing than any official reprimand. They could perform as well as humanly possible and still face prison and mandatory sex-offender registration a year later. Compartmentalization of one aspect of one’s life—their work life—from pending doom is virtually impossible. The term is “chronic stress.”

Even maintaining routines becomes a battle. This is where service members who work out every day will either stop working out or begin working out two to three times a day just to not think about what could happen. Soldiers who drink will drink more. A study by the Department of Defense found that service members under investigation often report increased substance use as a coping mechanism, further compounding their troubles. Soldiers facing criminal prosecution will often receive GOMORs or some other adverse action for isolated alcohol-related incidents prior to trial. The Soldier’s psychology changes—their brain chemistry changes—with the influx of cortisol and other hormones leading to sleep deprivation, body weight fluctuation, and other stress-related physiological changes.

Innocence Offers No Peace of Mind

Often, we hear, “if you’re innocent, you should sleep soundly,” in the context of Soldiers under investigation. This would logically resonate but for the investigatory process. The reality, however, is that innocence does not insulate one from fear. Indeed, the way CID drafts witness interview summaries, any and all inconsistencies with the alleged victim’s story tend to be left out or obscured. Frequently, CID written notes of interviews are so skewed in contrast to the actual recorded interview that they do not even pass for legitimate investigatory work when it comes to presenting evidence in hearings.

The system does not allow investigators to look into a subject’s possible innocence. When the subject provides a statement to CID, it is invariably used against them in some capacity, disregarding all exculpatory information. This idea that innocent subjects of sexual assault allegations in the U.S. Army should sleep fine is patently absurd. Innocence, in this process, does not offer peace of mind. It only deepens the sense of injustice and fuels the mental burden.

Recognizing the Mental Burden

It’s time to recognize the mental toll that these investigations take on innocent service members and to ensure that justice means fairness for all. By addressing these challenges head-on, we can work toward a system that balances the need for accountability with the well-being of those who serveIf you are under investigation for sexual assault under the UCMJ, in any branch of the service, reach out to us at 813-669-3500 or schedule a confidential consultation at bileckilawgroup.com.

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