Appeals Court Finds Judge Abused Discretion, Reverses Lieutenant’s Sex Assault Conviction

Hmmm...

A huge problem with cases like this is also the fact that witnesses and accusers that are NOT in the military are quite literally able to get off scot-free when it comes to lying.

First of all, there are NOT out-of-pocket expenses for civilian witnesses and accusers in the military legal system. They don't have to pay for any attorneys, because the military provides the trial attorney.

Second, if they lie or otherwise provide false information/witness, there are no legal consequences because they're not in the military and therefore not subject to the UCMJ. Prosecuting civilian witnesses and accusers for lying under oath or otherwise providing false information would have to be prosecuted by the government in a civilian court, a prospect that RARELY (if ever) happens due to the time and cost involved.

And, quite frankly, this case should NEVER have gone to Courts-Martial in the first place, if the article is accurate. The ONLY reason this has been happening is because Congress has stepped in and essentially pushed to mandate that pretty much any and all such accusations are pushed towards Courts-Martial, regardless of the recommendation of an Article 32, and most especially of the convening authority.

It's my opinion that the current shift in how these cases are treated is due to political pressures brought about by the interaction between Congress and the military, and the efforts being put forth to pass bills like the Military Justice Improvement Act.

http://military.findlaw.com/criminal-law/what-is-the-military-justice-improvement-act.html

https://www.congress.gov/bill/113th-congress/senate-bill/1752

SGT (Join to see): My father, a Judge, would never have abused discretion. -Margaret