I have been accused of Sexual Assault (Article 120 UCMJ). What is my first step?
The Short Answer: Silence and Immediate Representation.
You are in the danger zone. The military justice system is under immense political pressure (SAPR/SHARP) to convict service members accused of sexual assault. “Innocent until proven guilty” often feels like a lie in these cases.
Your Rule of Engagement:
- DO NOT speak to CID/NCIS/OSI.
- DO NOT text, call, or DM the accuser (they may be recording you).
- DO NOT apologize to anyone.
- Call Gonzalez & Waddington immediately.
The “Pretext Call” Trap
The biggest weapon investigators have is you. In many Article 120 investigations, investigators will coach the accuser to call you or text you. They will say things like, “I just want to understand why you did that,” or “I felt uncomfortable last night.”
If you reply with, “I’m sorry, I was drunk,” or “I didn’t mean to hurt you,” you have just handed them a conviction. This is called a Pretext Call. It is recorded. It will be played to the jury. Assume every phone call is a trap.
The Law: Understanding Article 120
Article 120 is complex. The government does not need DNA or physical injury to convict you. They only need the testimony of one person—the accuser. This is why these cases are often called “He Said / She Said” cases. However, we win these cases by dismantling the credibility of the story, not just attacking the person.
How Gonzalez & Waddington Helps: We utilize MRE 412 (The Rape Shield Law) motions aggressively. While the law protects accusers, it does not protect lies. If the accuser has a motive to lie (cheating spouse, mental health history, financial gain), we fight to get that evidence in front of the panel.
Common Defenses in Article 120 Cases
There are three main ways to defend against a sexual assault charge in the military.
| Defense Strategy | Explanation | Key Evidence Needed |
|---|---|---|
| Consent | The act happened, but the accuser agreed to it freely. | Text messages, witnesses who saw you together, social media interactions. |
| Mistake of Fact | You honestly and reasonably believed the person consented (even if they say they didn’t). | Context of the relationship, lack of force, “mixed signals” evidence. |
| Fabrication / Alibi | The event never happened; the accuser is lying. | Timecards, GPS data, receipts, motive to lie (e.g., a bitter breakup). |
Frequently Asked Questions (FAQ)
Q: The accuser was drunk. Does that mean they couldn’t consent?
A: This is the most common misconception. Under the UCMJ, being drunk does not automatically mean a person is “incapable of consenting.” The standard is “Substantially Incapacitated.” If the person could walk, talk, and make decisions, they may still have been capable of consenting. We use forensic toxicology experts to explain this distinction to the jury.
Q: Will I be put on the Sex Offender Registry?
A: If you are convicted of Article 120 (Rape or Sexual Assault), yes. You will be a federal sex offender for life. This destroys future job prospects, housing options, and your reputation. This is why you cannot afford to lose.
Q: Why was I issued a Military Protective Order (MPO)?
A: An MPO is standard procedure. It orders you to stay away from the accuser. Obey it strictly. If you violate the MPO (even by “liking” their photo on Instagram), you will be thrown in jail (Pre-Trial Confinement) and face additional charges.
Your Life is on the Line. Fight Back.
Sexual assault allegations in the military are a firestorm. The Command wants a conviction to show they are “tough on crime.”
Gonzalez & Waddington has a track record of winning “unwinnable” Article 120 cases. We are not afraid to ask the hard questions and expose the truth.
