sexual assault Tag Archives — Court-Martial Trial Practice Blog

Dual or multi-purpose

October 10, 2012 | The Law Office of Philip D. Cave

Here is an interesting little piece.

The outbreak of violence by individuals who seek to harm other persons or institutions cannot be reliably predicted today, the Defense Science Board said in a new report to the Secretary of Defense. Instead, efforts to counter violence should focus on prevention and mitigation of the threat.

The DSB was created and tasked in response to MAJ Hasan and the Fort Hood shootings. But does the report have important learning points in regard to sexual assault prevention.

A neglected subject?

September 1, 2012 | The Law Office of Philip D. Cave

In all of the political and policy discourse about sexual assaults little if any attention is given to sexual assaults committed by women, usually on men.

Here is an interesting article about the “discussion” about prison sexual assault. Can the same be said for non prison sexual assault views.

Engendering Rape

Why your client wants to stay at the DB

September 17, 2010 | The Law Office of Philip D. Cave

Danger Will Robinson.

United States v. Parker and Woodruff

In these consolidated appeals, the Government challenged the district court’s orders dismissing its 18 U.S.C. § 4248 (2006) petitions for civil commitment of Lonnie Parker and James Woodruff, who were both convicted of various sex offenses and sentenced in military court-martial proceedings, but are currently housed within a Bureau of Prisons facility. The district court dismissed the Government’s petitions because it found that "§ 4248 does not apply to military prisoners [since] they are not `in the custody of the Bureau of Prisons’ pursuant to 18 U.S.C. § 4248(a)." In so holding, the district court relied on its order in a related case, United States v. Joshua, No. 5:09-hc-02035-BR (E.D.N.C. Jan. 13, 2010), which was recently affirmed by this court. See United States v. Joshua, 607 F.3d 379 (4th Cir. 2010) (holding that an individual convicted and sentenced by United States Army court-martial but housed within a facility operated by the Bureau of Prisons is not "in the custody of the Bureau of Prisons" under § 4248(a)). The Government concedes that these appeals present the same issue addressed in, and that the disposition of the appeals is controlled by Joshua.

NMCCA decisions

September 3, 2010 | The Law Office of Philip D. Cave

NMCCA has released a number of decisions. Several have providency issues and issues not raised by appellate counsel.

United States v. Messias. The court set-aside a finding of guilty to because of an inadequate providence inquiry. No sentence relief granted.

While the providence inquiry establishes facts sufficient to demonstrate that the appellant drove on base and that he believed the driving to be wrongful, there are no facts developed which establish either the invalidity of the appellant’s license, if any, or in the alternative, his failure to have a valid license in his possession. We cannot infer either eventuality from this record. We are left with a substantial basis in fact to question this plea and conclude the military judge abused his discretion in accepting this plea on these facts.

Up periscope

August 14, 2010 | The Law Office of Philip D. Cave

Military.com reports:

The commanding officer of the Little Creek-based amphibious dock landing ship Gunston Hall was relieved of command Thursday after an investigation into allegations of sexual harassment, simple assault and conduct unbecoming an officer.

Navy Times adds additional information:

Not always a fan

June 30, 2010 | The Law Office of Philip D. Cave

I’m not a fan of the Center for Military Readiness. But I have to acknowledge they at least raised a very important point about military sexual assault cases.

Read the various articles I’ve posted about confirmatory bias in connection with this piece from CMR about Sex, Lies & Rape. Although written in 2006, the points resonate today just as clearly.

Up periscope

May 12, 2010 | The Law Office of Philip D. Cave

Army Times reports that:

An Army captain from Colorado charged with killing two Iraqi civilians has been convicted of lesser charges in Iraq.

Military officials say Capt. Carl Bjork was found guilty of reckless endangerment and negligent homicide in a general court-martial on Tuesday. He was reprimanded and will lose a third of his salary for one year.

Collateral consequences sex offender registration

March 11, 2010 | The Law Office of Philip D. Cave

In this case we decide whether Joshua Williams, who pleaded guilty to carnal knowledge of a minor in violation of military law while serving in the Navy, is exempt from registration as a sex offender pursuant to Penal Code sections 290, subdivision (c) and 290.005 (undesignated statutory references are to the Penal Code), and therefore entitled to have his name removed from the Justice Department’s sex offender registry. We conclude that based on Williams’s plea, he was denied equal protection of the law in that persons convicted in California of the equivalent offense of unlawful sexual intercourse in violation of section 261.5 are not required to register. (People v. Hofsheier (2006) 37 Cal.4th 1185, 1206-1207 (Hofsheier).) In reaching this conclusion, we focus on the offense of which Williams was convicted, not a hypothetical offense of which he could have been convicted based on the conduct underlying the charge. (People v. Ranscht (2009) 173 Cal.App.4th 1369, 1374-1375 (Ranscht).) Accordingly, the trial court erred in denying Williams’s request to have his name removed from the registry.

Williams v. Superior Court of San Diego, D055457 (10 March 2010).

Some good and bad news

December 18, 2009 | The Law Office of Philip D. Cave

Sexual assault allegations at the USAFA have dropped, but risen at the other academies. But they have dropped overall. The report does not indicate the disposition of the cases – founded or unfounded, court-martial or other disciplinary actions under the UCMJ.

Marine Times reports

Navy Article 120 decision

December 17, 2009 | The Law Office of Philip D. Cave

The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009). The main portion of the opinion focuses on Art. 120. The majority finds Art. 120 facially constitutional, citing United States v. Crotchett, __ M.J. ___, No. NMCCA 200800770 (N-M. Ct. Crim. App. May 12, 2009) (en banc), the court’s prior decision on Art. 120.

So begins a post on CAAFLog