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When the Military Turns Against You: Surviving a Sexual Assault Court-Martial

Posted by Ernesto Gapasin | Jul 12, 2023 | 0 Comments

So you've been accused of sexual assault in the military and are now facing a court-martial. Things are about to get real, fast. The military justice system moves swiftly, and before you know it you'll be sitting in a courtroom fighting for your freedom and reputation. The stakes couldn't be higher. You'll need to prepare for a grueling experience that will test you physically, emotionally and mentally. But don't lose hope - with the right mindset and legal support you can survive this ordeal. Stay strong, keep your head high, and remember why you're fighting this battle. Your future is at stake, and you deserve a fair chance to clear your name. This is your story, your life, your truth - now make sure everyone in that courtroom hears it.

The Investigation: Expect to Be Treated Guilty Until Proven Innocent

The investigation stage is tough. You'll be presumed guilty from the start, even if there's no hard evidence against you. The military investigates all reports of sexual assault thoroughly, so expect detailed questions, requests for statements, and possibly polygraph tests. They'll want to know where you were, who saw you, and every detail of the encounter in question. Be honest but careful with your words. Don't speculate and avoid contradicting yourself. Have a military defense attorney with you for all questioning. Your command may restrict you to base or place you on administrative leave until the investigation concludes. This can last weeks or months and is not a punishment, though it may feel like one. Do your best to stay patient and cooperative.

If the case proceeds to court-martial, the trial process begins. The government will have built their case to prove your guilt beyond reasonable doubt. Your defense team will argue against it and try to raise doubts about the allegations and evidence. Witnesses from both sides will be called to testify. Your team can also call character witnesses to speak on your behalf. You have the right to testify in your own defense but are not required to. Your attorney can advise you on the pros and cons. A court-martial panel will determine your guilt or innocence. If found not guilty, you're acquitted of all charges. If guilty, you face penalties ranging from reprimand to years of confinement and a dishonorable discharge. The system is not perfect, but keep hope - the truth can prevail. Stay strong through this difficult time. While it may seem the whole world is against you, there are those who will stand up for justice and due process. You are not alone.

You've learned the hard truth that the military justice system is focused on convictions, not truth or justice. The odds are stacked against you, but you've persevered. You've faced the isolation, the character assassination, the kangaroo court. No matter the verdict, you know the truth. You stood up for your rights, demanded fairness, and refused to be steamrolled. The military may have turned against you, but they didn't break you. Your dignity, your truth, your very identity remains intact. This fight has awakened a strength in you that will serve you well going forward. The military court may issue its verdict, but you've already won - you overcame fear and self-doubt, faced down a ruthless system, and emerged with your integrity intact. No matter what comes next, keep your head high. You've got this. The truth is on your side, and that truth has set you free.

Have you been charged with a crime in the military? Are you being investigated?  With 23+ years in the courtroom, Ernesto Gapasin is an experienced court-martial lawyer who can win your case. To know more about him, click: https://www.militarylawyer-defense.com/

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Ernesto Gapasin



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