Legal Question in Military Law in California

Our son is being accused of sexual harrassment

In December 2002, our son went on an Army Reserve assignment with 14 others. They were kids and thought it would be cool if they paired up boy-girl in the rooms. The woman our son was paired with was already having a relationship with him(phone calls, house visits). It seemed OK until the next afternoon when the woman became increasingly aggitated at our son. She had the keys changed on the room without telling him, then went and slept with another male member of the unit that night, leaving our son without access to his luggage. It got to a point where they were threatening each other with harrassment charges. The unit's XO was notified that weekend, our son talked to him the next week. Since then, the ranking sargent has been heard telling people he is getting our son kicked out of the Army. The sargent has been seen with the woman and he is married. The XO has let this continue to the point everyone in the reserve center know thinks our son is guilty. He also only interviewed the people that think our son is guilty. There are 7 people that will say he is not, but they weren't interviewed. The XO is also saying he might send out son on a Psych Eval. The CO know nothing of what going on. What are his options?


Asked on 1/18/04, 6:16 pm

1 Answer from Attorneys

Re: Our son is being accused of sexual harrassment

This is not a matter which can be fixed with a short email response.Your son is in need of legal counsel to protect his rights and advise him properly.

You are describing a potentially complex legal situation with many possible variations and outcomes. It could result in anything from no action against him to negative administrative professional consequences, to a discharge or to a court-martial.

I would not be able to advise you (or your son) of his options without a thorough review of the facts including speaking to your son, reviewing the investigation report and his service records and speaking to other potential witnesses.

If you and/or your son are located in Southern California and would like to consult with me in our office (downtown San Diego) please contact Norma or Kim at (619) 238-6000. If you are unable to physically be here we can usually be of assistance via mail, email, phone and fax.

Our professional fee is $250 per hour.

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Answered on 1/19/04, 12:24 pm


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