Worried That Your Article 120, UCMJ (Sexual Assault) Accuser is Going to Lie or Not Remember? Part 6

Many times court-martials onboard Camp Lejeune, North Carolina involve Article 120, UCMJ (Rape, Sexual Assault, Abusive Sexual Contact) accusers with criminal pasts.  As stated in previous blog posts, credibility isn’t just relevant, it is paramount to the military fact-finder presiding over court-martials in Jacksonville, North Carolina.  And when the case involves Article 120, UCMJ (Rape, Sexual Assault, Abusive Sexual Contact) this couldn’t be more true.

Simply put, convictions impeach an Article 120, UCMJ accuser’s credibility. At court-martials held on Camp Lejeune, an Article 120, UCMJ accuser’s conviction creates a general inference that the Article 120, UCMJ accuser is sometimes willing to disobey social norms. The conviction therefore strengthens the inference that the Article 120, UCMJ accuser is willing to bend social norms, such as telling the truth during their court-martial testimony.

In a perfect world, not only will the Article 120, UCMJ accuser have a conviction, but the Article 120, UCMJ accuser will have convictions of a crime of moral turpitude.  This means that the crime they were convicted of has an element of deceit, fraud or dishonesty. The military judges in Jacksonville, North Carolina recognize this method of impeachment.  In fact, Military Rule of Evidence 609 is the governing rule for court-martial practiceonboard Camp Lejeune (Jacksonville, North Carolina).

Military defense attorneys trying Article 120, UCMJ cases onboard Camp Lejeune use this technique to both impeach the witness on cross-examine, as well as, to highlight extrinsic evidence. In Jacksonville, North Carolina the military defense attorney is not required to lay a foundation on cross-examination as a condition to introducing extrinsic evidence. However, if the military defense attorney does cross-examine the Article 120, UCMJ accuser, and the Article 120, UCMJ accuser admits all the facts about the conviction, a military judge could prohibit the introduction of extrinsic evidence. The rationale is that it would be cumulative and a waste of time to introduce the extrinsic evidence after the Article 120, UCMJ accuser has conceded all the facts.

When the military defense attorney uses extrinsic evidence, typically the evidence will be presented as a formal court record of the Article 120, UCMJ accuser’s conviction. As a military criminal defense attorney located in Jacksonville, North Carolina it is my job to know your case better than anyone on Camp Lejeune or where-ever you are stationed.  Call Matthew Thomas Law, PLLC today for a free consultation.