Military Sex Offense Overview

Each branch of the military takes a very aggressive approach towards the investigation and prosecution of sex offenses. Victim’s Rights Advocates have successfully entrenched in the military the philosophy that military personnel charged with sex offenders must be aggressively prosecuted and severely punished if convicted for a sex offense. While the basic fundamental principle of our judicial system in the military, and in our society at large, is that a person accused of a criminal offense is “innocent until proven guilty,” in many sex offense cases there regrettably seems to be an immediate presumption that the accused person is guilty. Frequently, the investigation of a complaint concerning a sex offense starts with the military investigators assuming that the “victim” is telling the truth – instead of conducting a fair and unbiased investigation, the investigators frequently overlook evidence that would show that the accused may not be guilty, focusing instead in the one-sided effort to prove the “guilt” of the accused, even if in fact he did not commit the offense in question.

Service members who are charged with sex offenses are in any cases branded as a societal outcast by the military and public communities. Frequently, sex offense cases in the military draw intense media attention, with the service member being identified in the media regardless as to the merits of the allegations against him. Defending a sex offense in the military requires the assistance of a skilled defense attorney, having extensive litigation experience in the defense of sex offense cases. Since leaving active duty with the Army JAG Corps in 1982, Attorney Greg D. McCormack has successfully defended hundreds of military personnel who were charged with a variety of sex offenses.

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CONVICTION OF A SEX OFFENSE - CONSEQUENCES UPON CONVICTION

Upon conviction of a sex offense, a service member will under most circumstances face a punitive discharge from the military, with loss of all benefits. The prosecution will likely seek a sentence that includes a lengthy period of confinement. Upon release from confinement, the person convicted of a sex offense will face mandatory sex offender registration under federal and state laws. The life long stigma of a federal conviction for a sex offense, and sex offender registration will unquestionably adversely affect that person, and his family for the remainder of his life. Employment opportunities for a person convicted of a sex offense are extremely limited and under most state sex offender registration laws, the person will be severely limited as to where he can live, and go as he tries to reenter our society after completing his confinement.

RAPE OR SEX ASSAULT DEFENSE

In the vast majority of the rape or sex assault jury trials that Greg McCormack has defended, he has been able to secure complete acquittals without his client ever taking the witness stand in his defense. Greg McCormack will provide an extremely aggressive defense of the following sex offenses:

  • Rape and Sodomy
  • Statutory Rape
  • Indecent Exposure
  • Aggravated Sexual Battery
  • Indecent Liberties with a Minor
  • Internet sex crimes

SEX OFFENSES ROUTINELY PROSECUTED BY THE MILITARY, AND MAXIMUM PUNISHMENTS

Upon Conviction of a Sex Offense - Dishonorable discharge, reduction in rank, total forfeiture of all pay and allowances and confinement for:

Rape and Rape of a Child

Life without possibility of parole

Aggravated Sexual Assault

30 years

Aggravated Sexual Assault of a Child

20 years

Aggravated Sexual Abuse of a Child

20 years

Aggravated Sexual Contact

20 years

Aggravated Sexual Contact with a Child

20 years

Abusive Sexual Contact with a Child

15 years

Indecent Liberty with a Child

15 years

Abusive Sexual Contact

7 years

Indecent Act

5 years

Wrongful Sexual Contact

1 year

Indecent Exposure

1 year