Sexual assault is a grave issue that affects individuals across all walks of life, including the military. In recent years, there has been a growing emphasis on addressing sexual assault within military ranks, promoting a culture of prevention, support for victims, and holding perpetrators accountable. However, it is equally crucial to ensure that individuals facing sexual...

Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly every major national news organization. Mr. Conway lives in San Antonio. In 2015, an Air Force Military Training Instructor was convicted of sexually assaulting a trainee. Dozens of Airmen...

Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly every major national news organization. Mr. Conway lives in San Antonio. In 2015, an Air Force Military Training Instructor was convicted of sexually assaulting a trainee. Dozens of Airmen...

Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly every major national news organization. Mr. Conway lives in San Antonio. In 2015, an Air Force Military Training Instructor was convicted of sexually assaulting a trainee. Dozens of Airmen...

CONTACT US! There is very little research into false allegations of sexual assault. It is a toxic subject area. In most cases, there is very little evidence to corroborate either side of the story. As defense lawyers, we are always trying to stay current on the literature though.I recently came across an article in the...

The Army Times is reporting on a new provision of the National Defense Authorization Act that encourages the Discharge Review Boards to liberally consider upgrade applications of service members separated for misconduct related to sexual assault or harassment. The intent is to bring the same standards to victims as we have in post-traumatic stress cases. The law even...

Over the next few months, we’ll be in court defending three sexual assault cases involving the incapacitation of an alleged sexual assault victim. The military typically charges cases where the alleged victim is under the influence of drugs or alcohol as a sexual assault – rather than forcible rape.For some time, we noticed a trend...

The latest court-martial results for the Navy are for November 2016.Even though every case is unique, once again the numbers seem to support choosing a jury over a guilty plea or judge.The Navy held 21 courts-martial in November 2016. This blog has previously reported that the Navy dealt out about 75% of their cases in...

Over the last few years, the Manual for Courts-Martial has undergone a series of seemingly never-ending changes. This year’s installment of changes has been approved.​For the non-lawyers, changes to the Uniform Code of Military Justice occur through Congressional action. The UCMJ is a statute. The President, however, can enact changes to the Manual for Courts-Martial...

Over the last few years, Article 120 and the law of sexual assault in the military has undergone seemingly never-ending revisions.​One of the biggest challenges has been defining the concept of “incapacitation.”Articles 120 (b)(3)(A) and 120 (d) prohibit sexual activity with a person incapable of consenting because of impairment from drugs or alcohol.Several years ago,...