The U.S. military’s top appeals court has ruled in favor of Army Sgt. Ashraf Warda, who was convicted in 2020 of raping his wife three years earlier. In a 4-1 decision, the appellate judges said Warda had not received a fair trial in his court-martial. (Donna L. Burnett/U.S. Air Force)
The U.S. military’s top appeals court has set aside the conviction of an Army sergeant for raping his foreign wife after ruling that the government deprived him of a fair trial by refusing to provide the defense with her immigration records.
Sgt. Ashraf Warda was convicted in October 2020 of raping his wife, whom he had married in Jordan and who has been living in the United States since 2017.
Warda’s brother testified that she threatened unspecified consequences after he refused to help get her U.S. citizenship and pay a promised $13,000 to $15,000 dowry after Warda said he wanted a divorce.
Warda’s trial attorney asked the judge to dismiss the charges or suspend the proceedings until immigration officials handed over her records.
In a Sept. 29 decision, the U.S. Court of Appeals for the Armed Forces overruled a July 2022ruling by the Army’s appellate court upholding Warda’s conviction.
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