Falsely accused, wrongfully convicted, prosecutorial misconduct
In 201X, a female made an allegation of sexual assault, against Capt Jones. An exhaustive investigation was launched and during the investigation, many of the facts provided by the alleged victim began to unravel. Numerous inconsistencies in her version of the events and lack of evidence, showed the false allegation was made for (typical list found with SOH research):
- Personal gain/ Victim’s benefits
- Child custody
- Avoid punishment for her own misconduct
- Assignment of her choice
Military investigators following “believe the victim” protocols gathered only evidence that supported the prosecution. The Special Victim Prosecutor, hoping to be promoted and selected as a judge, initiated court-martial proceedings knowing full well no crime had been committed. Prosecutors were then able to block key evidence and defense witnesses from being heard.
The Convening Authority (typically a General Officer), not wanting to have his promotion blocked by a politician forced the case to court martial. Remember it only takes one Senator to block a General Officers promotion or end their career.
The veteran, unable to afford civilian counsel, and a private investigator, followed the advice of his inexperienced military defense counsel to take a plea deal and have his case heard by a judge alone. This veteran was sentenced to 3 – 10 years in a military prison, will be registered felon and sex offender for life, even though no crime had been committed.
The ‘False Accuser’ gets a assignment of their choice and VA benefits for the rest of their life without any questions asked!