{"id":93292,"date":"2014-03-21T09:32:49","date_gmt":"2014-03-21T09:32:49","guid":{"rendered":"http:\/\/www.thetruthseeker.co.uk\/?p=93292"},"modified":"2014-03-23T09:04:20","modified_gmt":"2014-03-23T09:04:20","slug":"legal-experts-%e2%80%98can%e2%80%99t-believe%e2%80%99-us-general-avoided-jail-time-in-sex-assault-case","status":"publish","type":"post","link":"https:\/\/www.thetruthseeker.co.uk\/?p=93292","title":{"rendered":"Legal experts \u2018can\u2019t believe\u2019 US general avoided jail time in sex assault case"},"content":{"rendered":"<p><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal<\/w:View> <w:Zoom>0<\/w:Zoom> <w:DoNotOptimizeForBrowser \/> <\/w:WordDocument> <\/xml><![endif]--><\/p>\n<h1 class=\"MsoNormal\" style=\"text-align: center;\">Russia Today &#8212; March 21, 2014<\/h1>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">The US Army general who was the subject of international headlines after allegations that, over a span of years, he intimidated and sexually assaulted a junior officer has been spared prison time. The move has shocked legal experts and women\u2019s groups.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Brigadier General Jeffrey Sinclair, 51, was initially charged with forcible sodomy and other counts of sexual assault based on allegations from a female US Army captain who served under him in Iraq and Afghanistan.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Sinclair, who allegedly threatened the lives of the young woman and her family, was facing a sentence that could have put him behind bars for the rest of his life.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Yet last weekend, Sinclair\u2019s lawyer announced that the former rising star in the Army would plead guilty to adultery \u2013 a crime in the US military \u2013 and mistreating his accuser. The punishment that came down on Thursday reflected that change, absolving Sinclair of any prison time and instead sentencing him to a $20,000 fine and an official reprimand.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Sinclair, who could still face a reduction in rank and a lowered pension, announced his retirement immediately after the sentence was announced.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">\u201c<em>This system worked. I\u2019ve always been proud of my Army<\/em>,\u201d he said, as quoted by Jeffrey Collins of the<span style=\"color: #ffffff;\"><strong> <\/strong><\/span><a href=\"http:\/\/bigstory.ap.org\/article\/army-general-could-learn-fate-sex-case-thursday\" target=\"_blank\"><span style=\"color: #ffffff;\"><strong>Associated<\/strong><\/span> <span style=\"color: #ffffff;\"><strong>Press<\/strong><\/span><\/a>. \u201c<em>All I want to do now is go north and hug my kids and wife<\/em>.\u201d<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">After the general\u2019s 20-year sentence was reduced to a plea deal worth a maximum of 18 months in prison earlier this week, the judge announced that jail time would not be necessary. He did not explain his decision-making process and prosecutors would not speak to reporters.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">The original sexual assault charges accused Sinclair of forcing the younger woman to perform oral sex multiple times over a three-year period in Iraq and Afghanistan. Jamie Barnett, the victim\u2019s attorney, previously said his client stood by her claim that she was assaulted, but was happy with the plea bargain because she would finally be able to \u201cmove on with her life.\u201d<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Sinclair previously pleaded guilty to possessing pornography on his computer while serving in Afghanistan, interfering with an investigation by deleting explicit pictures from his computer, and pressuring other junior officers to send him nude images of themselves.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">The verdict announced Thursday is not satisfactory, Barnett said, calling the fine a \u201c<em>slap on the wrist<\/em>.\u201d<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">\u201c<em>A sentence doesn\u2019t take away the pain and anguish that she has endured<\/em>,\u201d he said.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">The prosecution\u2019s main strategy was to attack the woman\u2019s credibility, implying that she had raised the charges fully aware they would damage the general\u2019s career because of the ongoing national conversation about sexual assault in the military. They specifically pointed to an incident during the pre-trial hearings in which the victim was accused of lying about a specific text message exchange between herself and the general.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">\u201c<em>I can\u2019t believe it<\/em>,\u201d retired Lt. Col. Gary D. Solis, a former military judge and current law teacher at West Point and Georgetown University, told AP of the sentence. He added that Sinclair \u201c<em>is an individual who should not be a general officer. He should have gone to jail and be dismissed from the Army<\/em>.\u201d<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Experts agree that had Sinclair not chosen to retire, an Army disciplinary board certainly would have forced him to do so. The only question remaining is whether the board will vote to reduce Sinclair\u2019s rank \u2013 a decision that would cost him hundreds of thousands of dollars in retirement. Before retiring, he earned approximately $145,000 annually in base pay.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Previous reports have indicated that Sinclair showed little emotion during the trial, even as the victim testified about the years of abuse she endured. His only act of public remorse before Thursday came as part of the plea agreement, which required him to admit guilt in front of his accuser.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">\u201c<em>I failed her as a leader and as a mentor and caused harm to her emotional state<\/em>,\u201d he said. \u201c<em>I created a situation over time that caused her emotional harm<\/em>.\u201d He said later that he \u201c<em>maltreated<\/em>\u201d the Army captain and that she seemed to him to be \u201c<em>emotionally invested in a way I was no<\/em>t.\u201d<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Members of the Service Women\u2019s Action Network said this case is just another example that the decision to prosecute officers for sexual assault must be taken out of the military\u2019s hands. A Senate bill sponsored by New York Democrat Kirsten Gillibrand proposing just that was defeated just weeks ago.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">Ruth Marcus, an opinion writer for <a href=\"http:\/\/www.washingtonpost.com\/opinions\/ruth-marcus-the-military-needs-to-change-its-approach-to-sexual-assault-prosecutions\/2014\/03\/18\/19987782-aecf-11e3-9627-c65021d6d572_story.html\" target=\"_blank\"><span style=\"color: #ffffff;\"><strong>The Washington <\/strong><\/span><span style=\"color: #ffffff;\"><strong>Post<\/strong><\/span><\/a>, has argued that such a measure is long overdue.<\/span><\/p>\n<p><span style=\"color: #ccffff;\"> <\/span><\/p>\n<p><span style=\"color: #ccffff;\">\u201c<em>Normally, an in many cases quite accurately, the critique of the current military justice system is that it fails to take victims\u2019 complaints seriously enough<\/em>,\u201d she wrote in a column this week. \u201c<em>Commanding officers invested with the power to decide whether to pursue prosecutions may be inclined to sweep their buddies\u2019 wrongdoing under the rug, to view victims as culpable or to weigh the non-judicial desire to avoid losing a valued fighter.&#8221;<\/em><\/span><\/p>\n<p><a href=\" http:\/\/rt.com\/usa\/legal-experts-general-avoided-jail-217\/\"><em><span style=\"font-size: 12.0pt; font-family: &amp;amp;amp; mso-fareast-font-family: &amp;amp;amp; mso-ansi-language: EN-GB; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; font-style: normal;\">Source<\/span><\/em><\/a><\/p>\n<p class=\"post-title entry-title\"><span style=\"color: #ccffff;\">Also see: <\/span><a title=\"Sexual Assaults In The Military Are At An All-Time High And Most Of Them Are Male On Male\" rel=\"bookmark\" href=\"https:\/\/www.thetruthseeker.co.uk\/?p=93250\">Sexual Assaults In The Military Are At An All-Time High And Most Of Them Are Male On Male<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Given that sexual assaults carried by U.S. military personnel are at an all-time high this raises further questions about the prevailing ethics in the ranks<\/p>\n","protected":false},"author":39262,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[58,27],"tags":[],"class_list":["post-93292","post","type-post","status-publish","format-standard","hentry","category-Current_Affairs","category-Miscellaneous"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/93292","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=\/wp\/v2\/users\/39262"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=93292"}],"version-history":[{"count":11,"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/93292\/revisions"}],"predecessor-version":[{"id":93466,"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/93292\/revisions\/93466"}],"wp:attachment":[{"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=93292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=93292"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thetruthseeker.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=93292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}