Scalia Spotlights

M-VETS Helps a Survivor of Military Sexual Trauma Clear Erroneous UCMJ Titling Decision

In July 2020, the Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) successfully cleared the name of a survivor of military sexual trauma from the Army Crimes Records Center (CRC) database. The survivor is an Army veteran who served on active duty in the 1990s. Two of her fellow soldiers sexually assaulted her while she was on active duty and she was titled with False Swearing and Sodomy in connection with the attacks.

The survivor reported that she was sexually assaulted and was provided a medical examination at the local military hospital. After the medical exam was completed, special agents from the Army Criminal Investigation Command (CID) questioned the survivor about the sexual assaults. Subsequently, the CID agents questioned the two soldiers about the sexual assaults, which they claimed were consensual encounters. Although the criminal investigation would continue for months, after concluding their initial interviews, the CID agents stated they did not believe the survivor and summarily titled her under the Uniform Code of Military Justice for False Swearing and Sodomy.