Army December 2017 Court-Martial Results Analysis - Favorable Results in Contested Sexual Assault Trials

Army December 2017 Court-Martial Results Analysis - Favorable Results in Contested Sexual Assault Trials

In December 2017, the Army published results for 35 courts-martial. Given the holiday month, 35 is ten to fifteen trials below average.

As a military defense firm, we're largely tracking how defendants are faring in contested trials. In other words, are juries returning not guilty verdicts. Overall, results in contested sexual assault trials were overwhelmingly favorable to the accused.

Of the 35 trials, twelve were contested in whole or in part (34%). Seven of those contested cases involved sexual assault as the most serious offense. A jury or judge acquitted all seven times in December. In 3 cases the judge or jury convicted on a lesser offense of assault or adultery.

There were two manslaughter cases. Mr. Conway handled one of them. We contested the case and there was a conviction with a 6-month sentence. In the other case, the accused pleaded guilty and received a 7-year sentence. Again, a panel was far more favorable.

The take away for an accused facing charge is that military panels will return acquittals when presented with reaps able doubt.

Contests General Court-Martials
  • Sexual assault acquittal
  • Negligent homicide acquittal - wrongful use and manslaughter conviction
  • Abusive sexual contact acquittal - assault consummated by battery conviction
  • Aggravated assault acquittal
  • Mixed verdict to assault and other charges
  • Rape acquittal - mixed plea to adultery
  • Matratment acquittal - mixed plea to failure to obey an order
  • Sexual assault acquittal, mixed verdict to assault consummated by battery
  • Sexual assault acquittal

Judge Contested General Court-Martials
  • Sexual abuse of a child acquittal
  • Sexual assault acquittal
  • Desertion conviction

General Court-Martial Guilty Pleas
  • Aggravated assault
  • Larceny / AWOL
  • Assault consummated by battery
  • Sexual assault
  • Sexual abuse of a child
  • Sexual abuse of a child
  • Involuntary manslaughter
  • Sexual assault of a child
  • AWOL and Drug distribution
  • Sexual assault
  • Sexual assault of a child
  • Larceny
  • Sexual assault of a child
  • Larceny

Special Court-Martial Guilty Pleas
  • Drugs
  • Assault consummated by battery
  • AWOL and Drugs
  • Dereliction of Duty
  • AWOL
  • AWOL
  • Assault consummated by battery
  • AWOL and Larceny
  • AWO