The Law Office of Patrick J. McLain, PLLC recently secured a not guilty verdict for a service member facing a military sexual assault charge at court-martial. Both sides agreed that a sexual encounter occurred, so the dispute was over consent. The government's case rested heavily on the credibility of the complaining witness. Attorney Brian Bouffard led the defense, and through a carefully planned cross-examination strategy, secured a swift not guilty verdict for our client.
Evidence at the Center of the Case
The strongest evidence in our client's favor did not come from anything either side said. It came from hours of video footage recorded at the enlisted club earlier that night, showing our client and the witness together before they returned to his room. The footage showed two people who were flirtatious and affectionate with one another while touching, laughing, and smiling. At trial, the witness testified that she had never given our client any reason to believe she was interested in him. The video told a very different story, which might be why the government had not planned to introduce it.
A Unique Cross-Examination Strategy
Rather than let the video go unaddressed, Attorney Bouffard made the decision to play it in full during cross-examination, pausing periodically to state the timestamp for the record and ask the witness open-ended questions about what the panel was watching. This approach ran counter to conventional cross-examination technique, which typically favors short, leading questions designed to control a hostile witness. Here, the goal was instead to let the panel watch the witness struggle to explain away her own behavior on video, in her own words, without the appearance of an attorney putting words in her mouth. As the witness grew visibly frustrated, Attorney Bouffard remained calm and measured, allowing the contrast to speak for itself.
When Experience Becomes the Deciding Factor
Cases like this rarely follow a script, and the attorneys handling them cannot afford to either. As Attorney Bouffard put it, "A good trial lawyer must be ready to try the case that is happening, not the case as he or she wants it to be. A good trial lawyer must be ready to adapt to changed circumstances on the fly, and more than that: to embrace those changes." That willingness to depart from conventional technique is often what separates a case that is lost on paper from one that is won in the courtroom. It takes years of trial experience to recognize when a textbook approach will fail and to know what to do instead.
Military sexual assault cases frequently come down to two conflicting accounts of the same event, and the outcome often hinges on how effectively those accounts can be tested in front of a panel. If you are under investigation or believe charges may be coming, the most important step you can take right now is to secure legal counsel, ideally before making any statement to investigators or command. Every statement made during an investigation narrows your options, and in the worst cases, can lead to a conviction. Waiting until charges are filed to seek legal help often means losing valuable time that could have been spent building a defense, so don’t wait.
Facing a Military Sexual Assault Charge? Contact Us Today
If you are under investigation or facing a military sexual assault charge, the time to act is now. As a military sexual assault defense attorney team backed by decades of trial experience, the Law Office of Patrick J. McLain, PLLC is prepared to craft your defense strategy, think outside the norms, and push from every angle to secure a favorable outcome that protects your freedom, name, and military career.
Contact us today at (888) 606-3385 for a confidential consultation.
