Among other things, the FAIR Military Act would limit the use of the "good soldier" defense, which allows a defendant to cite unrelated, subjective factors during trial, such as military record as a defense against sexual assault charges. It would also require commanders and service members to be assessed on their actions related to sexual assault prevention. And it confronts failures in the current system by improving specific elements in the areas of prevention, protection, and prosecution. To address the issue of lack of accountability, the bill requires that commanders be assessed in two new areas: first, on their ability to properly handle reports of sexual assault; and second, on their ability to create a climate where a victim can report a crime without fear of retaliation. Also, with the revelation of the prevalence of these crimes at all levels of the military, this bill takes the critical step of extending sexual assault prevention measures from past legislation to the military service academies.
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The Law Office of John L. Calcagni, III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , Assault and Battery and all criminal matters.
As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com
If you cannot make it to one of our offices, we will to come to your home or detention center.
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