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,...

It’s been a while since I provided an update. Part of the reason is because I’ve just finished up a lengthy road trip with a number of cases. We continue to have tremendous results in sexual assault and assault related cases. There’s a number of reasons for the great results. A favorable outcome can result...

The annual rite of proposing ways to change military sexual assault law was released recently in the form of the Judicial Proceedings Panel on Article 120. Judicial Proceedings Panel Report To be perfectly clear, this is an issue that does not concern me as much as it has in the past. Congress keeps changing the law and...

Mil. R. Evid. 412 limits the extent to which an accused in a sexual assault case can introduce evidence regarding the alleged victim’s prior sexual behavior. The rule, however, carves out three exceptions. Under Mil. R. Evid. 412 (b)(1), the following evidence is admissible: (A)evidence of specific instances of sexual behavior by the alleged victim offered to...