Presumption of innocence: Does it still apply in the military justice system and how can you protect yourself against allegations of misconduct?
FEBRUARY 09, 2022 ALLISON WEBER, ESQ.
Due to the uniquely coercive factors present in the military, many times, those who are accused of misconduct feel pressured to speak up to give their side of the story. This belief has become far more prevalent in the age of increased and excessive prosecutions of allegations of military sexual assaults, because as soon as an allegation is brought forward, the subject of the investigation is flagged and stigmatized.
Military law enforcement personnel have been trained not to confront an alleged victim when the information provided is inconsistent with other evidence, when the victim declines to provide requested information, or for any other reason. While training has changed several times over the past decade, it has gone from completely impartial investigations to “believe the victim at all costs” to the current method, which is to generally accept the victim’s story and only seek clarification—not confrontation. While some argue this is middle ground, it has eroded the existence of an accused’s presumption of innocence.
The story provided by the victim controls the direction of the investigation, which in turn causes bias in deciding whether to refer the case to trial. With the advent of Special Victims’ Counsel and their increased authority to shield their clients from questions, law enforcement agents are handicapped in their ability to seek the truth—resulting in a presumption of guilt in many cases.
https://americanmilitarynews.com/2022/02/presumption-of-innocence-does-it-still-apply-in-the-military-justice-system-and-how-can-you-protect-yourself-against-allegations-of-misconduct/
