Military Sexual Assault

Right now, you’re living a nightmare. A false accusation threatens your career, reputation, and emotional health. You know you’re a service member of upstanding honor but you might think that there is no way to show what lies beneath the surface of the allegation. After all, false sexual assault accusations are like a fast-growing tree. Once the seed is planted, the tree can grow out of control. But, a false allegation is also like a tree with no roots.

While it’s true that prosecutors are more aggressive and have more resources than ever before, military juries still have a healthy skepticism about false allegations. In other words: being accused of sexual assault is scary, but with a battle-hardened military sexual assault lawyer in your corner–your case could be defensible.

Daniel Conway’s 5 Key Points to Remember About Military Sexual Assault Defense

If you’re facing a complaint of sexual assault in the military and don’t know what to do or where to turn, start by absorbing these five facts:

• In most cases, you will be interrogated soon after the complaint is made. There are some exceptions where law enforcement chooses to question the subject last, but the general rule is that they seek to question the suspect quickly.
• An interrogation is very different from an interview. The complainant undergoes a law enforcement interview. They are in a comfortable room. The questions are not accusatory. The law enforcement officer is gathering facts. An interrogation is a search for admissions. The law enforcement officer will seek to corroborate as many parts of the complainant’s story as possible. Ideally, they will seek a confession.
• You may be escorted to law enforcement by a senior member of your command. That certainly adds an element of anxiety and intimidation to the event. If you are not under arrest, then you are free to leave. We would advise asking the members of your command and law enforcement if you are under arrest. They will likely say no. Then you should ask if you are free to leave. They should say yes.
• Law enforcement will likely title you that is another way of saying they will list you as the subject of an offense.
• You have constitutional rights. Including the right to a thorough defense. If you’re frantically Googling “find military sexual-assault lawyer,” your search ends here. Daniel Conway and his team have a proven record of defending falsely accused service members and restoring their reputations and livelihood.

Looking for a sexual assault court marshal lawyer? Schedule your FREE consultation today!

How We Win

Despite the changes in federal/military sex crime conviction law, our firm still has tremendous success in sexual assault cases. We have success because experience has taught this firm to remain committed to these five tenants of building a bulletproof sexual assault defense:

• Understanding there are generally only three ways to defend a false allegation. The law provides for three basic defenses in military sexual assault cases: (1) actual consent, (2) mistake of fact as to consent, and (3) alibi. When law enforcement conducts an interrogation, they are often attempting to elicit information that undermines those three basic defenses.
• Developing a motive to lie by the alleged victim or a reason to misremember. Military juries are educated and analytical by their nature. They frequently consider themselves to be strong judges of character. As such, they will be looking for an explanation from the defense as to why the alleged victim is lying or incorrect about the events in question. The presentation of this evidence cannot be over-emphasized. Common motives to lie are discussed below but generally fall into three categories: (1) alibis to avoid adverse consequences, (2) secondary gain to obtain some advantage, and (3) mental health-related reasons (including alcohol).
• Identifying potential jurors that are likely to be favorable to our client. We remain committed to communicating with those jurors through the presentation of evidence to ensure we get the votes needed for an acquittal.
• Working with the client to identify key facts demonstrating innocence. We stay committed to the narrative that we create with the client. In many cases, the alleged victim has claimed that critical events occurred that are uncorroborated. We keep it simple. Military juries want a simple story that makes sense.
• Aggressively challenge the accuser’s story. We use kindness to examine the alleged victim in a way that aggressively challenges her story and always strives to retain the moral high ground for unjustly accused service members.
• Expertly prepare the accused for the possibility that he may testify. Sometimes the testimony of the accused in a sexual assault case is critical.

Nearly all of the changes in the law have been designed to dilute the rights of the accused, increase the privacy rights of the alleged victim, and broaden the definitions and classes of offenses punishable.

Aggressive and Agile Article 120 Lawyer:

Our attorneys have in-depth knowledge and experience in military justice cases, including Article 120, UCMJ offenses. We stay up-to-date with the latest developments in military law to provide the best possible defense for our clients. Mr. Conway has been practicing for nearly 20 years. He has authored a book on military sexual assault. We have seen countless cases. That knowledge is invaluable in defending against false military sexual assault allegations.

A personalized, empathetic approach:

We understand that every case is unique, and we take the time to understand your specific circumstances and concerns. A Daniel Conway army sexual abuse defense lawyer will work closely with you to develop a tailored defense strategy that takes into account your individual needs and goals.

Aggressive advocacy:

We are committed to vigorously advocating for our clients’ rights. Our attorneys will thoroughly investigate the allegations against you, challenge any evidence that is unlawfully obtained or unreliable, and present a strong defense on your behalf.

Compassionate support:

We understand that facing military justice proceedings can be stressful and overwhelming. Our team is here to provide you with the support and guidance you need throughout the entire process. We will keep you informed, answer your questions, and provide reassurance during this challenging time.

If you are facing Article 120, UCMJ offenses, don’t navigate the military justice system alone. Contact Daniel Conway & Associates today to schedule a consultation and discuss your case with one of our experienced military law attorneys.

Why Would Someone Lie About Sexual Assault?

A 2017 study titled “Motives for Filing False Allegations of Rape” (available online) identified 8 motives for filing false claims:

• Material gain
• Alibi
• Revenge
• Sympathy / Emotional gain
• Different perceptions (often related to mental health conditions or alcohol)
• Relabeling
• Regret

To test the validity of the list, a sample of 57 proven false allegations were studied at and provided by the National Unit of the Dutch National Police (NU). In the study, complainants were primarily motivated by emotional gain or were used to cover up other behavior.  Some complainants, however, reported more than one motive. A large proportion, 20% of complainants, said that they did not know why they filed a false allegation. The results confirm the complexity of motivations for filing false allegations.

We Take Military Sexual Trauma Seriously

Though this page is written from the perspective of a defense attorney, we would like to note that Daniel Conway & Associates have represented victims of sexual assault as well. When a service member turns to us for help in their darkest hour, we do all we can to help protect their reputation, future, and career. We offer the same empathetic and aggressive representation to victims of military sexual trauma (MST) as we do for the wrongfully accused.

False accusations are complex

Representing both accused members and victims requires an understanding of both false allegations of sexual assault and literature related to victimization. However, there is very little research into false allegations of sexual assault.  It is a toxic subject area that some researchers might be reluctant to address. In most cases, there is very little evidence to corroborate either side of the story.

​In cases where there was a consensual sexual act, it can sometimes be important to understand a woman’s sexual motivations for engaging in the sexual act.  There is some interesting literature on this point.  Clinical Psychologist Cindy Meston and Evolutionary Psychologist David Buss wrote a book in 2009 about women’s motivations for consensual sex.

• Meston, Cindy M., and David M. Buss. 2009. Why women have sex: understanding sexual motivations from adventure to revenge (and everything in between). New York: Times Books.

Using interviews with women, they identified over 237 “distinct sexual motivations that covered an astonishing variety of psychological nuance.”  The motivations ranged from boredom to revenge.  The book has a chapter on using sex out of a sense of duty, mate poaching, adventure, curiosity, exchange (job, promotion, raise, etc), ego boost, pleasure, and more.

Chapter 10 discusses “The Dark Side.” Sexual deception and even violence by men.  This conversation is not one-sided. Men use sexual deception quite often as well (concealing relationships with other women, exaggerating work ambitions, misrepresenting level of commitment, etc). The book does cover the topic of abuse.

​In terms of statistics of false allegations, one study publicly available is “False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases.” That study puts the prevalence of false allegations between 2% and 10%. That tends to be the consensus in the literature.

False Confessions Do Happen, Retaining an Attorney ASAP Can Help

False confessions do happen.  We see news reports all the time of inmates who confess and are later exonerated by advances in DNA testing. The question is, why do people falsely confess to crimes? In false confession cases, we have experts in psychology that we rely on to explain why the accused falsely confessed. These police tactics have been known to increase the likelihood of a false confession:

1. The agent repeatedly stating – with great confidence – his or her belief in the suspect’s guilt;
2. Concealing information that contradicts the interrogator’s premise from the suspect;
3. lengthy interrogations with emotional intensity;
4. Claims of scientific proof of guilt;
5. Repeated reminders that the suspect could have memory problems because of blackouts or alcohol;
6. The interrogator demanding that the suspect accept his or her premises and explain the offense; and,
7. The interrogator inducing fear of consequences in the mind of the suspect.

Having support and training from a lawyer can help minimize your chances of false confession.

What can I expect from a military sexual insult interrogation?

A typical military interrogation proceeds as follows:

• Direct confrontation, often advising the suspect that evidence has led the police to the individual as a suspect. They may offer the person an early opportunity to explain why the offense took place.
• Try to shift the blame away from the suspect to some other person or set of circumstances that prompted the suspect to commit the crime. That is, develop themes containing reasons that will psychologically justify or excuse the crime. Themes may be developed or changed to find one to which the accused is most responsive. In sexual assault cases, this often involves the agent proposing that alcohol, lack of memory, or mistake of fact contributed to the sex.
• Try to minimize the frequency of suspect denials.
• At this point, the accused will often give a reason why he or she did not or could not commit the crime. Try to use this to move towards the acknowledgment of what they did.
• Interrogators will reinforce sincerity to ensure that the suspect is receptive.
• The suspect will become quieter and listen. Move the theme discussion towards offering alternatives. If the suspect cries at this point, infer guilt.
• Pose the “alternative question”, giving two choices for what happened; one more socially acceptable than the other. The suspect is expected to choose the easier option but whichever alternative the suspect chooses, guilt is admitted. As stated above, there is always a third option which is to maintain that they did not commit the crime.
• Lead the suspect to repeat the admission of guilt in front of witnesses and develop corroborating information to establish the validity of the confession.
• Interrogators will document the suspect’s admission or confession and have him or her prepare a recorded statement (audio, video, or written).​

The Stakes Are Too High to Not Work With The World’s Leading Military Sexual Assault Defense Firm

Don’t get pressured into giving a false confession. When your honor is at stake, you deserve legal representation that knows how to defend the most complex of cases. Daniel Conway & Associates are regarded as the top military sexual assault defense firm worldwide for a reason–we know how to protect the innocent in ever-precarious times. A false accusation doesn’t have to ruin your career but you do have to have the right defense in your corner. Don’t hesitate a second longer, contact Daniel Conway & Associates now for a free consultation!