MCAS Cherry Point – Military Sexual Assault Defense Attorney
Most court-martials originating out of New Bern, NC and Havelock, NC take place onboard MCAS Cherry Point. Attorney Matthew Thomas has the experience, training and courtroom skillset to ensure that your rights as a Marine or Sailor, as well as, a United States citizen are protected. Mr. Thomas is renowned throughout the country due to his successful cases that he has taken to court martial and won in the Eastern Judicial Circuit, which includes MCAS Cherry Point. Make no mistake, Matthew Thomas Law, PLLC is home to the top military sexual assault defense attorney representing Marines and Sailors onboard MCAS Cherry Point.
If you already have a detailed military defense counsel, you have the RIGHT to hire a civilian military defense attorney. Your detailed military defense counsel will continue to represent you and assist Mr. Thomas in defending your case.
Mr. Thomas represents clients from the New Bern and Havelock community during command and NCIS Investigations, Article 32, UCMJ hearings and Special and General court martial for all offenses under the UCMJ including:
· Article 120, UCMJ
· Rape,
· Sexual Assault,
· Aggravated Sexual Contact,
· Abusive Sexual Contact
· Article 120a, UCMJ
· Mail Deposit of an Obscene Matter
· Article 120b, UCMJ
· Rape of a Child
· Sexual Assault of a Child
· Sexual Abuse of a Child
· Article 120c, UCMJ
· Indecent Viewing, Visual Recording or Broadcasting
· Forcible Pandering
· Indecent Exposure
Most Talented.
Most Tenacious.
Most Trusted.
Call Matthew Thomas Law, PLLC to represent you.
1. What is Article 120, UCMJ
a. Article 120 is the punitive article of the Uniform Code of Military Justice that Governs Rape, Sexual Assault, Aggravated Sexual Contact and Abusive Sexual Contact
2. Are there different ways I can be charged with Rape?
a. Yes, the prosecutors can charge a Marine, Sailor, Solider, Airmen, or Coastguardsmen with Rape under the following theories:
i. By Force
ii. By Force Likely to cause death or Grievous bodily harm
iii. By Threatening or Placing in Fear
iv. By First Rendering Unconscious
v. By Administering Drug/Intoxicant/Other Similar Substance
3. What is the maximum punishment for Rape?
a. The maximum punishment for Rape is a Dishonorable Discharge, Total Forfeitures, life without eligibility for parole, and reduction to E-1. ***A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
4. What is the difference between Rape and Sexual Assault
a. Generally, Article 120, UCMJ (Rape) contemplates some type of force or violence, whereas Article 120, UCMJ (Sexual Assault) does not.
5. What are the different ways that I can be charged with Sexual Assault
a. The prosecutors can charge a Marine, Sailor, Solider, Airmen, or Coastguardsmen with sexual assault under the following theories:
i. Threatening or placing that other person in fear
ii. Fraudulent representation
iii. By false pretense
iv. Without consent
v. A person who is asleep, unconscious or otherwise unaware the act is occurring
vi. When the other person is incapable of consenting
6. What is the maximum punishment for Sexual Assault?
a. The maximum punishment for Sexual Assault is a Dishonorable Discharge, 30 years confinement and reduction to E-1. ***A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
2. What is the difference between Sexual Assault and Abusive Sexual Contact?
a. Sexual Assault requires that the sexual act involved some type of penetration of the mouth, anus, or vulva by the accused’s penis or other body part.
b. Abusive Sexual Contact is any, “touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.”
3. What are the ways that I can be charged with Abusive Sexual Contact?
a. The prosecutors can charge a Marine, Sailor, Solider, Airmen, or Coastguardsmen with sexual assault under the following theories:
i. Threatening or placing that other person in fear
ii. Fraudulent representation
iii. By false pretense
iv. Without consent
v. A person who is asleep, unconscious or otherwise unaware the act is occurring
vi. When the other person is incapable of consenting
4. What is the maximum punishment for Abusive Sexual Contact?
a. The maximum punishment for Sexual Assault is a Dishonorable Discharge, 7 years confinement and reduction to E-1.
5. Are there defenses for a person accused of Article 120, UCMJ?
a. Absolutely. There are several common defenses that are applicable to Article 120, UCMJ. Mistake of Fact, Consent, Lack of Evidence and a false or inaccurate allegations are typical defenses that are lodge at court martial. Consult with Mr. Thomas today and see what defense is applicable to your case.
6. What is the Rape Shield Law or Military Rule of Evidence 412
a. You should consult with Mr. Thomas about this topic and whether it applies to your case. The Rape Shield Law or Military Rule of Evidence 412 prevents any evidence of (1) any alleged victim’s other sexual behavior; or (2) any evidence offered to prove any alleged victim’s sexual predisposition. There are exceptions and it is vital that you consult with Mr. Thomas to see if this rule applies in your case.
