Sexual assault and harassment cases within the military can significantly impact your career 

and personal life. If you are involved in such matters, it’s important to know the basic terms of these cases and to get guidance from a skilled military sex defense attorney. 

Legal Terminology in Military Sexual Cases

Let’s look at a few of the terms you need to know if you or someone you know is facing military sexual charges.

Sexual Assault: Defined as any unwanted sexual contact or behavior, including rape, groping, and sexual coercion, which violates military regulations and may lead to criminal charges.

Sexual Harassment: Involves unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment.

Sexual Misconduct: Broad term covering any behavior that violates military standards related to sexual activity, including consensual relationships that breach regulations.

Commander's Inquiry: Preliminary investigation conducted by a military commander to assess allegations of misconduct, including sexual assault or harassment.

Victim Advocate: Trained personnel who provide support, information, and resources to victims of sexual assault within the military.

Consent: A legal concept in sexual assault cases. Consent means a freely given agreement to the conduct at issue by a competent person. 

• An expression of lack of consent through words or conduct means there is no consent. 

• Lack of verbal or physical resistance does not constitute consent. 

• Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent. 

• A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.

• A sleeping, unconscious, or incompetent person cannot consent.

• A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious.

• A person cannot consent while under threat or in fear.

• A person cannot consent when believing, due to a fraudulent representation, that the sexual act served a professional purpose, or when believing, due to artifice, pretense, or concealment that the accused was another person.

Mistake of Fact Defense: The “Mistake of fact” defense means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person consented to the sexual conduct.

Article 32 Hearing: Pretrial hearing similar to a civilian grand jury, where evidence is presented to determine if charges should proceed to court-martial. United States v. Bell, 44 M.J. 403 (C.A.A.F. 1996); United States v. Powell, 17 M.J. 975 (A.C.M.R. 1984).

Sexual Assault Response Coordinator (SARC): Point of contact responsible for overseeing the military's response to sexual assault cases and ensuring victims receive appropriate care and support.

Garrity Rights: Legal rights granted to military personnel during administrative investigations, protecting them from self-incrimination when compelled to provide statements.

Sexual Assault Prevention and Response (SAPR): Military program focused on preventing sexual assault, providing victim advocacy, and promoting cultural change within the armed forces.

Sexual Assault Forensic Examination (SAFE): Comprehensive medical examination performed on victims of sexual assault to collect evidence for legal proceedings.

Sexual Offender Registration: Sex offender registration is a system for monitoring and tracking sex offenders following their release into the community.  This is a requirement for individuals convicted of certain sexual offenses and can significantly impact their future employment and residence options.

Victim Impact Statement: Written or verbal statement provided by a victim of a crime, including sexual assault, to convey the impact of the offense on their life and well-being during sentencing or other legal proceedings.

Military Protective Order (MPO): Is a court order issued to protect victims of domestic violence, sexual assault, or harassment, prohibiting contact between the alleged offender and the victim.

Special Victim Counsel (SVC): A government or military attorney assigned to provide independent representation and support to victims of sexual assault within the military justice system, ensuring their rights are protected and their needs are addressed.

The Role of a Military Sex Defense Attorney

A military sex defense attorney represents individuals accused of sexual assault or harassment within the military. They understand the intricacies of military law and work to ensure fair treatment and due process for their clients.

Contact Matthew Thomas Law, PLLC, and Defend Your Rights

If you are in Jacksonville, North Carolina, and require legal assistance with a military-related sexual assault case, don't hesitate to reach out to us. Let us help you through the legal process and fight for your rights as a military member. Reach out now to get the counsel you need for your case. 

***The information contained in this blog post is intended as an advertisement for legal services and not offered as legal advice. The terms and explanations above have been summarized and do not include the comprehensive legal definitions that are provided by law. Reliance on the above information does not form an attorney-client relationship. An attorney-client relationship is only created after an agreement for your particular case has been established between you and your attorney. Contact us for more information.***