Military Sharp - At Bilecki Law Group, We believe that every service member has earned their right to an aggressive defense during their day in court. We specialize in prosecuting and winning cases that others say they don't.
SHARP (Sexual Harassment/Assault Response Prevention) and SAPR (Sexual Assault Prevention Response) are countermeasures taken by the Department of Defense in response to the increasing number of alleged sexual crimes committed by service members in the United States military.
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Today, these same programs have been undermined by the increasingly aggressive culture of victim worship that has taken over all branches of the US military:
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If you have been accused of sexual assault, the current legal climate in the military is against your existence. You will be uprooted and publicly shamed if found guilty.
Bilecti Law Group has been fighting for service members accused of sex crimes for decades. We understand the legal ramifications of SHARP and SAPR better than any other group of attorneys and will take the fight to an overconfident prosecution.
SHARP and SAPR started with good intentions. The US military is a stronger force when rape and sexual assault (see article 120) is completely reduced or eliminated. All well-intentioned members of the military can get behind the basic foundation of what SHARP and SAPR stand for. But these programs aren't what they used to be. Today they function more like witch-hunt protocols than resources for sexual assault victims.
These programs are damaged by a culture of victimization. What served as the first line of defense against sexual assault has now become a tool for service members to advance their interests, careers, and ambitions.
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In other words, the real victims of SHARP and SAPR are in many cases the service members accused of committing sex crimes, rather than the victims of these sex crimes who try to game the system. Your allies are few, and the war against sexual assault shows no signs of stopping:
Hiring a defense team that understands SHARP and SAPR is the single most important step you can take to protect your future and military career. If you believe you have been wrongly accused of a sex crime, you should act quickly to defend yourself in court. The DoD has given the green light to prosecute and prosecute any service member accused of sexual assault.
Your military and civilian career is at risk every day you wait to hire a military defense attorney.
A review of our past cases reveals a critical fact: Bilecki Law Group excels at winning cases for our clients. We understand SAPR and SHARP and their effects on military service members. We have the history to back it up.
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Reports of Restrictions are strictly confidential. The military provides assistance in the form of counseling, medical care, and legal assistance. And no investigation is underway.
Unrestricted reporting is not confidential. With unlimited reporting, an investigation into the suspected attack is warranted, and the results of that investigation will be made public. The victim will receive additional administrative services such as expedited relocation, protective orders, and living arrangements, as well as the possibility of an honorable discharge.
SHARP/SAPR provided in their training that after a member of the military service has been drinking, they cannot give consent to have sex. This is not only absurd, but it is also contrary to the actual legal definition given under Article 120, UCMJ and the Military Judges Manual.
However, service members often believe this misinformation that they were given during training sessions, and are subject to abuse in a culture of victimization in the military. We have seen dozens of cases where the victim of the alleged crime stated that he was unable to consent to sexual intercourse. They say that because of alcohol, even in small amounts, they did not agree, and thus they were sexually assaulted.
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We have no doubt that this will happen. But the increasing frequency with which these crimes are reported leads us to believe that they have allowed an entrenched culture of victimization to proliferate in the United States. The Armed Forces, leading to countless allegations of sexual assault where absolutely no sexual assault took place.
Most defense attorneys are defenseless against the firepower of the prosecution. NotBilecki Law Group. We enter each court martial full and charged. SHARP is a proactive program in the United States. Army targets sexual harassment and assault in the service.
Sexual harassment is a crime in the armed forces, according to Article 134 of the UCMJ by executive order on January 26, 2022.
People accused of a crime such as sexual harassment, or assault are subject to the UCMJ (or civil law). Victims of these crimes are protected from disciplinary action, or prosecution by Army Directive 2022.
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A Special Trial Attorney, part of the Judge Advocate General's Corps established to combat dangerous behavior,
Army Regulation AR 600-20 details the responsibilities of respective unit commanders in the event of Sexual Harassment/Assault, as well as expected responses and/or preventative measures.
The 2021 law, which was previously intended to separate the commander of a poor unit from the role of military prosecutor in cases of sexual assault.
Commanders at the FORSCOM, III Corps, and §Fort Hood levels now have specific actions to complete on a Sexual Assault Review Board complaint.
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The Provost Marshal and the Military Police will no longer conduct criminal investigations. A new branch will be established like those in the Air Force and Navy for Special Agts.
FORSCOM now requires the selection of investigative officers from outside the brigade-sized component of the installation, who process the complaint,
A two-star general was reprimanded in 2021 for conducting an internal SHARP investigation, instead of handing the investigation over to CID.
On December 8, 2020, the Secretary of the Army announced that the SHARP program had failed to meet its mandate, particularly in the culture of the Fort Hood command and that an action plan would address its shortcomings, starting with the suspension of 14 senior leaders.
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A similar incident at Camp Casey, South Korea led to a suicide after a service member waited 82 days to transfer to another duty station.
In December 2020, the 19th Expeditionary Sustainmt Command, USFK defined a Continuum of Harm, from healthy behaviors and decline in five sexual behaviors to remedial behaviors.
"Deeds, not words." Good guide. Words from the secretary and leaders are important, to be sure. More important is that policies will change, and priorities and resources will be given to this challenge. The most important thing is to show by their actions that the leaders at all levels are responsible._Carter F. Ham[27] Instilling Army values [edit]
Defense Secretary Lloyd Austin ordered each leader to report on their sexual assault prevention programs, with an assessment of what worked and what didn't, by February 5, 2021. Austin asked for important information about the last decade , including efforts to support victims. "
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Changes to the Uniform Code of Military Justice (UCMJ) are underway; Sexual Assault cases will be removed from the scope of commanders.
After this change, IET programs saw a reduction in abuse rates from 30 per month to 3 per month.
An Army G-1 project to Identify Army Organizational Factors Contributing to Sexual Assault Risk released a RAND study in August 2017 through July 2018 that documents this assault. The study on June 18, 2021 showed that the average risk of sexual assault for women is 5.8%,
If the RAND researchers controlled for posts of similar size and demographics, Fort Hood soldiers were 1.7% more at risk than the cohort. Some risk factors are toxic command culture, and proximity to combat arms units.
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A one-year pilot program to merge the Sexual Assault and Sexual Harassment Directorates was announced in October 2021. The Merger Directors will bring together individual case services to provide visibility to each victim's case, in place.
Fusion Directors will report to installation commanders at their respective installations, to provide victims of sexual assault and sexual harassment outside the brigade chain of command.
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