How We Win Against False Sexual Misconduct Accusations

Accusations

In an era of increasing false accusations, the fight for a fair and just trial begins before you enter the courtroom. With the odds stacked against you, you can’t risk retaining anything less than a proven military sexual assault defense lawyer. Daniel Conway & Associates are proud to stop at nothing to defend those who defend our country–here’s how we win in 2025 and beyond.

Understanding the Political Pressure to Increase Sexual Misconduct Convictions

Military sexual trauma is never to be understated or ignored. However–despite many who try to deny it–mendacious allegations of sexual assault are still a problem in military academies and in the field. In the 2020s, military superiors face pressure from the government, the media, and outspoken advocacy groups to rightfully crack down on sexual misconduct. However, this pressure often results in unfair convictions for innocent men. Intimidated and panicked, some service branches are creating policies designed to pad their military sexual assault convictions, without regard for the rights of the accused.

The current covered offenses that fall under the authority of the new Office of Special Trial Counsel OSTCs include:

  • Murder
  • Manslaughter
  • Kidnapping
  • domestic violence
  • Stalking
  • Child pornography
  • Most sexual assault
  • Most sexual misconduct

Starting January 1st, 2025, sexual harassment will be included under the OSTC umbrella and tried outside the military chain of command.

The Dark, Ongoing Side Effects of #MeToo

Workplace dynamics, including in the military, have been forever changed by #MeToo. Stories and statistics have emerged demonstrating that nearly 60% of men are afraid to mentor women, in trepidation of what could be accused if they meet behind closed doors without another person present.

It isn’t only men confronting the ill side effects of the movement, in a survey, both male and female respondents said it’s harder for men to know how to interact with women in the workplace during this era.

Many are quick to dismiss these statistics and worries. Believe all women sentiments are swirling to a harmful degree. Some say it’s a joke that men are afraid; that if they don’t do anything wrong, they have nothing to worry about.

Now, the falsely accused stand the unjust risk of losing their careers, reputations, and mental health in favor of the movement. The military has developed new prosecution units of Judge Advocate Generals whose sole duty is to prosecute sexual assault cases. Alleged victims–no matter how credible their story is–now have access to programs that compensate them financially and are allowed to have an advocate present whenever they meet defense attorneys, and under certain circumstances, may have their JAG sit by their side when they testify.

Navigating the complexities of the military justice system requires a steady and stern hand. The stakes are incredibly high with your livelihood and reputation on the line–and the path to justice is often fraught with obstacles. In this climate, not just any military sexual assault defense lawyer will do. You deserve the top defense on the market. Daniel Conway and his team of federal/military sex crime conviction lawyers have cut their teeth on some of the most challenging cases imaginable. We’ve gone around the world and into the heat of trial to assure our country’s bravest have competent counsel in their corner. Call today to see how we can fight for you, too.

The Definition of Sexual Assault is Broader in The Military

Allegations of sexual assault don’t always equate to allegations of rape. The definitions of sexual assault and harassment are always expanding Under Article 120 of the UCMJ and in the courts. Incidents most civilians would view as sexual harassment too often will be charged as sexual assault in the military.

It’s not alarmist to assert that in this climate, any sexual activity can be charged as sexual assault. The risk runs even higher if any amount of alcohol is involved. A night where no intercourse takes place can also be charged as sexual assault. With this ever-broadening definition and the political pressure on the military to bring sexual assault allegations to trial more potent than ever, the military may pick up cases that civilian agencies have dropped.

Prosecutors are more aggressive than ever and have more resources than ever. Being accused of sexual assault is scary, but these cases can be defensible–with the right attorney fighting in your corner.

Daniel Conway & Associates Can Defend Your Honor in The Fraught Era of False Accusations

In 2017, we did an appeal for a Soldier that served almost 5 years of a 15-year sentence for rape. After 5 years, the alleged victim – out of guilt – recanted. We eventually got the Soldier released from confinement. The alleged victim had an affair. She was in a physically abusive marriage. When her husband confronted her about cheating, she lied and said she was raped to avoid being beaten. The husband pushed the case towards prosecution. False accusations do happen–and we know how to defend you using these central tenants of a successful defense:

1) Establishing a rationale for the alleged victim’s potential dishonesty or faulty recollection. Military juries possess a strong educational background and analytical skills, often viewing themselves as adept judges of character. Consequently, they will seek a defense explanation regarding the alleged victim’s possible deceit or inaccuracies concerning the events in question. The importance of presenting this evidence cannot be overstated. Below, we discuss common motivations for dishonesty.

2) Identifying jurors who may be inclined to support you. We are dedicated to engaging with these jurors through the effective presentation of evidence to secure the necessary votes for an acquittal.

3) Collaborating with you to pinpoint crucial facts that illustrate your innocence. We remain focused on the narrative developed with the client. Frequently, the alleged victim asserts that significant events transpired without corroboration. We aim for clarity, as military juries prefer straightforward narratives

4) Proactively contesting the accuser’s account while maintaining sympathy. We approach the examination of the alleged victim with a blend of compassion and assertiveness, rigorously challenging their narrative while maintaining the moral high ground for service members who have been unjustly accused.

5) Thoroughly prepare you for the stressful possibility of testifying. In some instances, the accused’s testimony in a sexual assault matter can be pivotal. We will help you develop your testimony and train you to be resilient against courtroom tactics designed to tear you down.

The Fight for a Fair and Just Trial Begins Before You Enter the Courtroom.

Prosecutors are more aggressive than ever and have more resources than ever. If there is any good news, it is that military juries still have a healthy skepticism about false allegations. In other words, being accused of sexual assault is scary, but these cases can be defensible.

Do not confront these charges in isolation. Engage our adept defense team today. Let us advocate for you as we have for countless other service members who have entrusted us with their defense. Your future is too significant to be left to chance. Initiate contact with us now for a consultation and take the first step toward securing the defense you merit.

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