Legal Question in Military Law in New York

Reply: Accused falsely of Rape

I am assuming that it was the CID who administered the polygraph - if so, there's your first problem. They are NOT "lie detectors," in spite of what everyone says. They, AT BEST, can demonstrate some physiological manifistations that are (or may be) consistent with "deception." Meaning, if you don't "tell all" it could register. But, sex offenses are notoriously difficult to polygraph.

You need to know that this is SERIOUS. Under the UCMJ, rape is punishable by Life in Prison or any lesser punishment. Thus, you need an experienced lawyer, BOTH in criminal law and military justice to assist you.

If you have not yet seen a Defense JAG at the Trial Defense Services office, do so IMMEDIATELY before you do anything else.

If you want to discuss this further with me, I have 27 years experience and am presently the Co-Chair of the Military Law Committee of the National Association of Criminal Defense Lawyers, and a Vice President of the NY State Association of Criminal Defense Lawyers, either call me at:

(585) 454-2000 X 12 or e-mail me directly as soon as possible. This consultation is free.

Regardless, you need a lawyer and need one quick, so don't hesitate.

Don Rehkopf

Re: Accused falsely of Rape

Dear Mark. You need professional assistance and need it now. I defended several sex cases as a JAG and can tell you that I would always advise my clients to stop talking immediately at this point in time. The good news for you is that if this goes to court-martial, which this case very well may, the fact that you failed a polygraph is not admissible in court. However, the statements you made to CID however, are.

There will be many facts we need to analyze, including, what statements you already made and when. We will need to begin investigating what motive this girl has to fabricate her story. While we need not prove she had a motive a lie at a court martial (if it goes that far), it is always more palatable to court members to expose a motive to lie (ie. she has a fiancee and did not know how to tell him she had consensual sex with another man).

E-mail me at your earliest convenience or call me as soon as possible at 646-209-8213. Initial consultation is of course free, and I look forward to speaking with you. For more on my experience, explore my web site at www.courtmartialbrand.com.

I echo the sentiments of Donald Rehkopf that this is a serious case and you need an attorney ASAP whether it be privately retained or TDS. In the event you can not afford to HIRE an attorney and are not crazy about the TDS on your post, I know some JAGs still in the Air Force who are also very good in this area who you may be able to request even though you're in the Army.

I wish you all the best. Give me a call.

Steven Brand