Victim Non-Prosecution Letters

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 from good lawyering, a client that testifies well, a great cross-examination, or sometimes the facts of the case are just weak. Another tool, however, is the victim impact statement or non-prosecution letter. Sometimes the best strategy is to try and prevent the case from ever going to trial. Sometimes the service member is willing to take an administrative discharge. Other times, the alleged victim is willing to write a letter stating that the service member should not be prosecuted. A non-prosecution letter can go a long way towards heading allegations off without the stress and expense of a trial. Every letter is different – obviously – but here is a short draft letter that is an example of a letter that might be used to help us negotiate with a command.