Army officer decries treatment in sexual assault case | Law Offices of David P. Sheldon
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Army officer decries treatment in sexual assault case

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.

That outcome did not end the matter, though. In the wake of the decision not to proceed in civilian court, Army authorities stated that they will prosecute the captain, who faces multiple sexual assault charges. He is scheduled to be tried in an upcoming court-martial proceeding.

The couple is now estranged. The wife, also an Army captain, was reprimanded for an affair with a non-commissioned officer during a deployment to Afghanistan. Reportedly, she was subsequently deemed unfit for command and is being discharged from the Army.

The husband claims that her charges against him are an “attempt at self-preservation” and that his trial is proceeding because of a current political climate in which many prominent legislators are highlighting sexual assault cases in the military and demanding strong action against perpetrators.

He says that, while he greatly empathizes with sexual assault victims, it is also “a terrible, terrible thing” to be innocent of unlawful conduct and be deemed guilty “regardless of the facts.”

A transcript from the captain’s Article 32 hearing indicates that a military investigator told officials that he “had no need to question his [the captain’s] integrity” and that “this thing needs to end today.”

As noted above, it won’t. The officer’s court-martial is scheduled to begin in June.

Source:, "Fort Bragg soldier cleared in civilian investigation faces military sex assault trial," Nicole Carr, May 14, 2014

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