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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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How much evidence is needed to convict someone of sexual assault

Resolved Question:

How much evidence is needed to convict someone of sexual assault? Is the women's statement all that is needed?
Submitted: 4 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 4 years ago.
The woman's statement, alone, can certainly be sufficient evidence to substantiate the claim.

There isn't any rule book with a specific amount of evidence that has to be presented. Obviously, the more evidence that can be present corroborating the testimony of the woman the better the case will be. But there is no rule stating that the woman's testimony alone is not enough.

Now, the lack of evidence can be used as a defense, especially when there is an absence of evidence that would normally be present....but that is so fact specific and case specific, I can't really speak intelligently to your situation.

Edited by jagcorps_esq on 6/5/2010 at 6:35 PM EST
Customer: replied 4 years ago.
The women is not able to identify the suspect, she just said she was touched by one of four while in a cab but not sure by who, Captain Mast found them all guilty although they are all stating this never happened. What are the punishments to be expected if Court Martial is requested and they are found guilty?
Expert:  Allen M., Esq. replied 4 years ago.
Captain's Mast is not court and the rules of evidence don't apply. The commander just has to be satisfied. (If the Captain's Mast is over, they can't demand court martial anyway. I don't know what stage it is at).

It's a risk, but if they demand court martial the rules of evidence apply and with that little evidence, the claim would probably go nowhere.

Here are the maximum punishments.

Probably this falls into the Wrongful Sexual Contact, with a maximum of 1 year and dishonorable discharge.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15472
Experience: Lawyer and current JAG officer.
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