Here’s one axiom of truth: sexual assault has no place in the United States Army, and it cannot be tolerated. Sexual assault can negatively impact the Army’s mission, destroy morale, and forever alter the victim’s life. Here’s another axiom of truth: blatantly false sexual assault allegations have no place in the United States Army. False allegations can negatively impact the Army’s mission, destroy morale, and forever alter the Accused’s life.
Shewmaker&Shewmaker earned a tremendous victory last week at West Point in a sexual assault case. Our attorneys, before a board officers, effectively cross-examined two accusers and exposed their lies, falsifications, and untruths. The military prosecutors referred sexual assault charges against our client to a General Courts-Martial (GCM). Shewmaker&Shewmaker then uncovered evidence to show that the two Accusers lied to law enforcement, hid evidence, and deleted text messages that would exonerate our client. The military prosecutors then did the right thing and dismissed the charges.
However, after dismissing the charges, the Government sent the Cadet to an administrative discharge board and tried to separate him for the same alleged misconduct. During the hearing, Shewmaker&Shewmaker attacked the Government for placing their desire to win over their desire to elevate the truth. Shewmaker&Shewmaker presented evidence that both Accusers lied about the facts to protect their own self-interests. The Board voted to retain our client and unfounded each allegation unanimously.
Sexual assault is a heinous crime and victims of sexual assault must be cared for. The United States Army has an obligation to properly investigate allegations of sexual assault and prosecute that commit such an act. Military Commanders and Prosecutors also have an obligation to pursue justice. Commanders must have the courage to decline to prosecute certain cases and military prosecutors must have the integrity to prosecute only those cases where the evidence supports the charge. Otherwise, innocent men and woman will be court-martialed, millions of dollars will be wasted, and innocent people will be ruined.