District of Colombia readers may wish to note that a Coast Guard petty officer has recently been convicted after facing charges for sexual assault. These charges stem from incidents where the man supposedly filmed and recorded women as they were having medical tests performed. In addition to sexual assault, he was also convicted of tricking women into having medical tests done that were not necessary. The women affected by these actions included military personnel and civilians.
Civilian criminal investigators in one state looked into a military wife’s claim that her husband -- a U.S. Army captain -- sexually assaulted her over a number of years. A final incident report in the matter reveals that, ultimately, a district attorney decided not to go forward in prosecuting the case. The cited reasons for dropping the matter were insufficient evidence and the wife’s lack of cooperation with investigators.
A common canon of jurisprudence under both American civilian and military law is the confidentiality attached to information exchanged between a criminal suspect and his or her attorney when the latter has been retained in the capacity of legal advocate.
A military criminal case that is now at the appellate level presents intriguing questions about the suppression of evidence and a defendant’s right to present a defense.