The Law Offices of Haytham Faraj, PLLC
Following a law suit by several women alleging that the military either tolerated to followed to prosecute sexual assault allegations, pentagon leaders, in a cowardly move, advised commanders that every allegation of sexual assault, regardless of how unfounded it is, must be prosecuted. Accordingly, even when a military accused establishes that no evidence exists to support the allegation, the military will move forward on charges anyway, especially the Marine Corps and now Air Force. But all the services are guilty. The problem arose when Haytham Faraj secured an acquittal for an officer who was accused by a female officer of rape. She was proved to be a liar. The transcript can be read here. That woman used her political contacts to make an HBO film about her allegations and sued the DOD. Since then many military commanders have demonstrated a lack of moral courage in following the rules of the military justice process by moving forward on charges even when Article 32 hearings demonstrate that the allegations are lies. A civilian military lawyer, court martial attorney, military defense lawyer, or military lawyer (whichever name you chose to call it) is an absolute necessity to respond to allegations of sexual assault.
Unfortunately, while most JAG attorneys are qualified and desire to defend their clients to the best of their abilities, often times they are up against a system designed to obtain convictions through plea agreements. A civilian military attorney can be the difference between life in jail or liberty.
A note on the transcript. This was an 11 hour cross examination. What the transcript does not capture is the demeanor of the witness. In the end, this woman who claimed she was raped was caught in numerous lies including denying sending her supposed rapist pictures of herself in a bikini the weekend following the weekend she alleged she was raped. She sent the pcitures while she was with her husband. At the conclusion of the trial, the judge recommended that she be charged with perjury.