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Testimony of accused that he had given alleged rape victim a full, mostly nude, body message while they were alone in his house was relevant and admissible under exceptions to the “rape shield” rule, both as “evidence of specific behavior by the alleged victim with respect to the person accused of sexual misconduct offered by the accused to prove consent,” and as “evidence the exclusion of which would violate the [C]onstitutional rights of the accused.” U.S. v. Zak, 65 M.J. 786, Army Ct.Crim.App.,(2007.)
If you are charged with a military court martial offense or need counsel on a military matter, then contact a military attorney of the SRIS Law Group. Our military lawyers are experts at defending and providing counsel to clients regarding court martial military matters. When you contact a SRIS Law Group military attorney, a military lawyer from our firm will discuss the facts of your court martial case and advise you as to your options. If you need legal counsel, then contact the court martial military lawyers at the law offices of SRIS Law Group, PC, to speak with a military attorney.
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October 23rd, 2008 at 7:51 pm
I am currently in the military stationed in Germany at the moment. I want to get a divorce from my wife whom i’ve been married to for 3 years i have two kids with her and she left her in January of 2007 came back in the middle of March but we lived in separate rooms and she left again in July. When can i go ahead and file divorce? My understanding is that i have to wait 1 yr. to be separated; does January count or do I have to wait til July. Please give me any advice and guidance to get this over with. Thank you.
October 23rd, 2008 at 7:52 pm
The date of separation will have to be determine based on additional facts. We may be able to file based on desertion right away.