Sexual Assault – Article 120 – NOT GUILTY! (U.S. Air Force v. E-6; Whiteman AFB)

Our client was accused of sexual assault of a fellow airman. Their unit had just finished a deployment, and they stopped off in Italy as part of a layover. The events that transpired that evening set the stage for the case.

It was a hard-fought trial. Our client was accused of anal and vaginal sexual assault. He was acquitted of the anal sexual assault but convicted of the vaginal sexual assault.

Attached is his successful appeal of the Courts guilty finding. The Courts reasoning tracks with my closing argument. The best recitation of the case is the opinion overturning the guilty finding for factual insufficiency. The opinion lays out the experts we called and what their conclusions were ultimately leading the appellate court to the conclusion that this outcome was factually insufficient to support the guilty finding for vaginal sexual assault.

Click here to read the opinion.

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