Friend is under investigation in the military for a rape accusation he didn't commit?

Question

One of my friends is under investigation for it. He slept with her but it wasn't rape. I was there along with one of my other friends and we both know it wasn't. She had drank some 5 or 6 hours before they slept together and she is trying to claim he took advantage of her which he didn't. She even initiated it. How do these usually play out?

Answer 1

If there's no racial element here, as there was in the recent fraudulent Duke case, and no physical evidence of rape, it ought to be a "he said -- she said" kind of thing. The only way your own testimony could impinge would be on the question of whether the "she" could give intelligent consent to sexual activity -- ie, was she so drunk she had no idea of what was going on? Here military law cannot differ from civilian.

Answer 2

I was on the jury for a military rape trial many years ago. The trial went on for 3 days. The truth came out about this case. It was very similar. I was amazed that all of the jurors was thinking exactly the same when we deliberated at the end. The woman worked at a bar and had been drinking with the soldier she accused of raping her. They had previously dated also. Well, no one believed her story because she changed some details as the questions were asked. Your friend just needs a good lawyer. It doubt arises then he will win his case. The jury system doesn't always work, however, in rape cases they know the penalty and don't want to convict an innocent man or woman of this crime. I hope everything comes out and the truth is revealed without delay. Since your friend has witnesses he is going to do fine. Did she also have witnesses?

Answer 3

I had a freind that was in the same position and just know that the burden of proof falls on the prosecution. Every case is different though so there is really no way to tell how they "usually play out". If he is facing a military court martial then the burden of proof is even more hard to prove. Good luck with the outcome!!

Answer 4

i don't believe of so. surely there ought to prefer to be (and is) a offender punishment for perjury, and there is also a civil punishment for defamation. yet, you pose an exciting question because typically, the punishment for those wrongs is surely no longer as extreme as that of a convicted rapist. particularly, i imagine it really is because society believes an unconsented sexual experience is a better incorrect than even a tremendous lie. per chance that fee judgment is lost. in spite of the indisputable fact that, even even if it really is, i ought to nevertheless no longer make the penalty as extreme because the penalty for rape. there's a idea that the offender justice gadget is inconsistent and faulty. i imagine maximum folk ought to agree that merely as a jury ought to discover an harmless individual responsible of rape, it would also discover an harmless rape sufferer responsible of a pretend rape accusion. So, finally, increasing the offender penalty for rape accusers serves as an more effective disincentive no longer merely to pretend accusers yet to boot to harmless rape sufferers, who ought to worry coming ahead even as confronted with the prospect of a extreme offender penalty. Rape sufferers are already compelled to conquer a great deal merely to be in a position tell strangers, and finally the ordinary public, about some thing so intensely personal, alongside with the offender and civil consequences already in position for pretend accusations. i'd not enhance their burden. it really isn't any longer to shrink the suffering of a sufferer of a pretend rape accusation, in any respect. yet, on the best of the day, i'd not choose extreme offender punishment to be the ingredient that dissuaded even a unmarried harmless rape sufferer from coming ahead.

Answer 5

Was your friend stationed overseas and was the girl a local?

e.g. local community is against US military presence; thus intentionally attempting to harm/undermine the base/unit's reputation?

Other than that, it's his word against her's... You say that you were there but you weren't in the room where the incident took place and you are his friend... so, I don't think your statement will carry much weight on the ruling. But I don't know how the military court of justice functions, so it's best you talk to a legal council.

Answer 6

I'm not sure if I'm reading this right, but it sounds a bit dodgy.

What do you mean when you say you were there? Surely you weren't present when the sexual act took place? How on earth do you know that she initiated it? A woman can say no to sex at any point up to penetration and a man has to respect that.

I'm not suggesting that your friend is guilty at all, but your question doesn't make clear what happened.

From the information you've provided, your friend is probably in for a hard time.

Answer 7

even out in the public world alot of cases like that get dissmissed because its one against the other there are many cases like your freinds within the military he is not the only one thats for sure it hapens almost too often to count around here and alot are thrown out and your freind has witnesses and the works so most likely hell go to court and all deal with a whole lot of crap and it will be tosssed out what bothers me is it stains the militaries reputation so bad people will look at them like there rapeist but in actuality a situation like this hapend i really think the girl should get kicked out for trying to runin someones reputation like that

Answer 8

It will all come out in the wash. If you and your friends were there and you all say what happened without lying then everything should be fine. The only problem I can see would be that you weren't in the room when they had sex so you wouldn't know whether or not she said no. No is still no.

Answer 9

That would depend on whether he was found guilty. As in any other U.S. court of law, the UCMJ will give him a fair trial.

You mean if he was found guilty? Rape is punishable by death under the UCMJ. Though it rarely happens.

Answer 10

Well it sounds as if she may have some kind of amnesia....it happens to a girl friend of mine......she can't remember much of anything , past a certain amount of alcohol......and has been accusatory towards me (without any foundation whatsoever) on one occasion....which really pi55ed me off , as I look after her....when she is like that !