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Can a Battery Command team pursue UCMJ action if the

complainant retracted her statement, and...
Can a Battery Command team pursue UCMJ action if the complainant retracted her statement, and has departed the deployment country? This is in regards ***** ***** Formal Sexual harassment complaint.
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Answered in 26 minutes by:
3/17/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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They can. That is, the commander can bring charges against a soldier IF they have evidence of a crime. The fact the complaining witness retracted does not mean that the event did not happen.

Now...the soldier can refuse Art 15...and if he soldier is not guilty? That is a good idea. The ability to find a soldier guilty at court martial, if the only witness is not cooperating can be very difficult to accomplish

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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Customer reply replied 5 months ago
Can they still use her retracted statement as evidence? Because that is all the evidence they have besides rumors. And to add on to that, her statement didn't match up with both the subject or his soldier in which their's matched.

They can at Art 15. But they can not at court martial...which is why if he is truly not guilty, he should NOT accept art 15...take to to court martial (again, if he is not guilty)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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