Aug 21, 2013 While we are in the midst of the national hysteria over sexual assault in the military, there does not seem to be much room being left for skepticism. It is now assumed that everyone who reports that he or she was sexually assaulted in the military must be telling the truth. I […]
We keep hearing that the military is losing the “War on Sexual Assault.” With each news cycle, we get fresh reports of angry politicians and new allegations of sexual assault in the military. Everyone suggests that something needs to be done, but they cannot seem to agree on what. Some people want harsher punishments. Some want […]
You might have already heard about Sergeant First Class Michael McClendon. If not, then what you need to know is that he served, until very recently, as a training officer at West Point. He is accused of secretly recording or taking pictures of female cadets in various states of undress. When the allegations surfaced, McClendon […]
In the latest front in the “War on Sexual Assault” in the military, politicians are attempting to one-up each other in an effort to come out against what Secretary of Defense Chuck Hagel calls a “scourge.” Senator Lindsey Graham stated that “commanders who allow this to continue to allow this to flourish quite frankly should be […]
Aug 8, 2013 Every year the President gives a commencement speech at one of the service academies. This year President Obama chose the Naval Academy and used the speech as an opportunity to speak out against sexual assault in the military. He stated, “We have to be determined to stop these crimes because they’ve got no place […]
Ever since a recently released Pentagon study claimed that the number of sexual assaults committed in the military is rising, everyone wants to pile on the military for not doing enough to prevent sexual assaults. It’s an easy target. Well, it’s easy if you fail to mention what the military is already doing or fail to make […]
In the United States, we are proud that our justice system assumes that people accused of crimes are innocent until proven guilty. The media and our politicians make a point of stating that those accused of the most horrific crimes are not guilty until proven a jury finds that they are guilty beyond a reasonable […]
Procedural History: Luke was convicted in 1999 of two specifications of indecent assault of a shipmate and was sent to two years confinement and a bad-conduct discharge. Evidence produced against Luke included DNA analysis and testimony by Mr. Phillip Mills of the United States Army Criminal Investigation Laboratory (USACIL). Luke’s conviction was affirmed in 2004. Initially, the […]
In United States v. Truss, 2011 WL 3891821 (A. Ct. Cim. App.) the appellant was convicted by a military judge of two specifications of sodomy and one specification of assault consummated by battery. The victim, PFC LY, held a drinking party in his barracks room with some friends. The appellant, who PFC LY recognized, showed […]