Look at this picture!
Look at how many high ranking military officers are gathered to answer for the “sexual assault epidemic” in the military. This has created an environment where military leaders, who control the discipline and court-martial system in the military, feel compelled to send even the most baseless cases to trial by court-martial because of political pressure. This political pressure to “solve” the military sexual assault epidemic then percolates down the ranks reaching those military members that will serve as the jury for a court-martial.
Korody Law fights back to ensure that any military member accused of sexual assault gets fair treatment.
Article 120, UCMJ
Article 120, UCMJ is the federal statute that criminalizes rape and sexual assault in the military. The current Article 120 statute applies to offenses committed on or after January 1, 2019. Previous versions of Article 120 apply to offenses that occurred prior January 1, 2019. Congress has repeatedly changed military laws over the last decade to make it easier to convict military members of sex offenses.
The current Article 120, UCMJ statute criminalizes four different crimes – Rape, Sexual Assault, Aggravated Sexual Contact, and Abusive Sexual Contact.
Rape involves the commission of a sexual act upon another person 1) by unlawful force; 2) by force causing or likely to cause death or grievous bodily harm; 3) by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping; 4) by first rendering that other person unconscious; or 5) by administering a drug, intoxicant, or other similar substance.
Sexual Assault involves the commission of a sexual act upon another person 1) by threatening or placing that other person in fear; 2) by fraudulent representation; 3) by artifice, pretense, or concealment; 4) without consent; 5) on a person who is asleep, unconscious, or otherwise unaware the act is occurring; or 6) when the other person is incapable of consenting.
A conviction for Rape results in a mandatory Dishonorable Discharge and up to Life in prison with or without eligibility for parole.
A conviction for Sexual Assault results in a mandatory Dishonorable Discharge and up to 30 years in prison.
Both Rape and Sexual Assault involve the commission of a sexual act. Under Article 120, UCMJ, a sexual act is defined as “(A) the penetration, however slight, of the penis into the vulva or anus or mouth; (B) contact between the mouth and the penis, vulva, scrotum, or anus; or (C) the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person to arouse or gratify the sexual desire of any person.”
Aggravated Sexual Contact involves sexual contact upon another person1) by force; 2) by force causing or likely to cause death or grievous bodily harm; 3) by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping; 4) by first rendering that other person unconscious; or 5) by administering a drug, intoxicant, or other similar substance.
Abusive Sexual Contact involves sexual contact upon another person 1) by threatening or placing that other person in fear; 2) by fraudulent representation; 3) by artifice, pretense, or concealment; 4) without consent; 5) on a person who is asleep, unconscious, or otherwise unaware the act is occurring; or 6) when the other person is incapable of consenting.
A conviction for Aggravated Sexual Contact may result in a Dishonorable Discharge and up to 20 years in prison.
A conviction for Abusive Sexual Contact may result in a Dishonorable Discharge and up to 7 years in prison.
Both Aggravated Sexual Contact and Abusive Sexual Contact involve sexual contact. Under Article 120, UCMJ, a sexual contact is defined as “touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.”
Military Sex Crimes Lawyer
Former Navy JAG Patrick Korody has more than 15 years experience handling military sex crimes. He was a Special Victims Prosecutor, handling all military sexual assault cases in the world’s third largest Fleet concentration area. He has received specialized training to defend military sex crimes including drug and alcohol facilitated military sex crimes. He has extensive experience dealing with DNA and blood alcohol levels. He knows how to attack military sexual assault investigations and frequently moves to suppress statements made by his clients because they were involuntary or a violation his client’s rights.
If you are facing military sexual assault charges, here is what you are up against:
- A military commander under immense political pressure to prosecute every sexual assault allegation, no matter how baseless or fabricated.
- Military prosecutors who receive specialized training and have unlimited resources to prosecute military sexual assault cases.
- An army of Special Agent investigators who receive specialized training to investigate military sexual assault and whose goal is to obtain a confession from the suspect.
- A military jury composed of members who have received countless mandatory trainings on sexual assault and sexual harassment.
- A victims’ lawyer who represents the alleged victim and is ready to file complaints if either the commander or prosecutor do not zealously pursue even the most baseless sexual assault allegation.
- A victim advocate who works on behalf of the alleged victim to make sure that the military commander grant all rights and privileges to the alleged victim, such as an expedited transfer from units.
- A sexual assault response coordinator who conducts a monthly meeting with commanders and warns them when they are not properly handling a sexual assault case or an alleged victim is unhappy with a decision.
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YOUR BEST DEFENSE STARTS HERE
The FBI has estimated that 8% of all reports of sexual assault are false. We believe that the number is significantly higher in the military community. The number is likely higher in the military community because the military has made it extremely easy to make a report of sexual assault and build a system that incentivizes reporting sexual assault. A military member who reports a sexual assault is given a team to help them, the option to transfer units, and the ability to avoid punishment for their own misconduct. The military community is also an environment where an alleged victim can quickly feel pressure to provide a justification for what may have been a poor decision to cheat on a spouse or act in a way that lowers the member in the opinion in the eyes of others – in other words, because of the nature of the community, there are reasons for fabricating allegations of sexual assault to protect oneself.
Military investigators, prosecutors, and commanders are trained to assume that everything an alleged victim reports is truth. We start with the presumption that everything the alleged victim reported is false or exaggerated. And then we work to find inconsistencies in statements and with evidence to undermine the credibility of the alleged victim. We find motives to fabricate and lie. We attack the investigation. We expose the truth. We zealously defend our military clients.