Army sexual assult evidence held

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Already a subscriber? Log in or Activate your account. Updated: November 8, pm. A section from the investigative report into the sexual assault complaint filed by Capt.
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Sexual Assault in the Military Essay

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Military sex assault: Just 4 percent of complaints result in convictions

By Peter Kageleiry, Jr. An accused is presumed innocent until proven guilty. Constitution and is an essential part of a fair system of justice. However, Congress has seen fit to create exceptions to this rule in sexual assault cases. In , Congress created Military Rule of Evidence MRE encourages the admission of evidence that an accused committed an uncharged sexual assault in order to prove that he committed a charged sexual assault. Six years later, in United States v.
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UK military allowed to investigate sexual assaults without involving police

Recently I began the defense of an Army sergeant accused of rape. The allegation, as is typical, stemmed from a night of heavy drinking by all involved. It was the husband who first raised the issue of rape. He alleged that he saw the accused assaulting his wife while she was passed out drunk on their bed. The wife said she didn't remember much of what happened because she was so drunk.
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When dealing with sexual assaults, the investigator usually has a living victim who can provide the investigator with information which will help in collecting and preserving the pertinent evidence. The investigator should glean as much information as possible, so he or she will know which evidence to collect. For example, if the victim tells the investigator which in this case may be the examining physician that no oral penetration occurred, then the investigator knows that no oral swabs will need to be taken. Any information should be passed on to the crime lab, so the forensic scientists will know how to process the evidence submitted. Evidence should never be submitted without communicating relevant information.
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