It’s Time to Advocate for the Accused: The Pendulum has Swung too Far in Prosecuting Sexual Assault Cases in the Military
As I have written before, sexual assault is a heinous crime. The military and society should ensure that every sexual offender faces justice, and every victim of this crime is provided the necessary support to overcome the consequences of its brutality. Even the court-martial defense lawyers would agree that those who are guilty of sexual assault should be held accountable. However, in the zeal to respond to the perceived sexual assault “crisis,” the military cannot disassemble the protections against wrongful convictions, and cannot ignore that false reports of sexual assault must be guarded against. Advocacy for victims must not trample on the rights of the accused. A thorough reading of the Constitution reveals no reference to “victims” while at the same time providing protections of the rights of the Accused in the 4th, 5th, 6th, 8th & 14th Amendments – these protections are to guard against wrongful convictions.