U.S. v. OCS Candidate, United States Army
September 1, 2018
Fort Benning, GA
Client retains Mr. Robert Capovilla after accusations of sexual assault are made by a classmate in training. The client’s accuser claimed that he had grabbed her on her rear-end. The Government began the process of charging the client for grabbing her without her consent and for his own sexual gratification. After a thorough investigation, Robert Capovilla was able to show CID that the complaining witness had a motive to fabricate, i.e., that the alleged victim only made the allegation after his client terminated their relationship. Through the course of the firm’s investigation, the firm uncovered several text messages and photos sent to the client from the alleged victim clearly showing that any sexual contact prior to the breakup was with her consent. As a result of the allegation, client’s command instituted an unlawful no-contact order. Mr. Capovilla subsequently files an Article 138 Complaint against his client’s commander for the unlawful no-contact order. As a result, the client’s Commander was forced to apologize to the client and thereby destroyed the no-contact order. As a result of Mr. Capovilla’s proactive efforts, charges were not preferred against client.
Case Result
ALL CHARGES DROPPED. Allegations found UNSUBSTANTIATED. Client was subsequently MEDICALLY DISCHARGED with HONORABLE Characterization. Received ALL Medical Benefits
