Article 120 UCMJ | Defending Against Military Sexual Assault Allegations
Under the Uniform Code of Military Justice (UCMJ), Article 120 covers sexual assault and rape allegations. These charges carry some of the most severe punishments in the military justice system, including dishonorable discharge, confinement, loss of retirement benefits, and mandatory sex offender registration. Service members accused under Article 120 often face career-ending consequences before ever stepping into a courtroom. At Gonzalez & Waddington, we have defended hundreds of Article 120 cases worldwide and understand the tactics prosecutors use to secure convictions.
Video: Military Sexual Assault Defense Explained
Understanding Article 120 UCMJ
Article 120 encompasses a wide range of offenses including rape, sexual assault, aggravated sexual contact, and abusive sexual contact. Military prosecutors aggressively pursue these cases, often relying on:
- DNA and forensic testing (SANE exams, touch DNA, toxicology reports)
- Digital forensics (text messages, social media, phone extractions)
- Witness testimony, often inconsistent or memory-based
- Command pressure to secure convictions due to political scrutiny
Common Defense Strategies in Article 120 Cases
Effective defense requires more than simply asserting innocence. Our trial strategies include:
- Consent-based defenses – demonstrating voluntary participation
- Challenging forensic reliability – questioning lab contamination, examiner bias, or improper collection
- Exposing inconsistencies – highlighting contradictions in witness statements and testimony
- Digital evidence review – uncovering deleted messages, prior flirtations, or exculpatory data
- Command climate analysis – showing undue influence or unlawful command pressure
Pro Tips & Mistakes to Avoid
Pro Tips
- Immediately retain an experienced civilian military defense lawyer familiar with Article 120 litigation.
- Preserve text messages, emails, and social media evidence before investigators seize devices.
- Request independent forensic experts to review DNA and SANE findings.
Mistakes to Avoid
- Speaking to CID, NCIS, OSI, or CGIS without legal counsel.
- Deleting or altering digital evidence (this can be used against you as obstruction).
- Relying solely on appointed military counsel if facing complex forensics or credibility battles.
Why Choose Gonzalez & Waddington
With decades of combined experience, our firm has defended service members accused of Article 120 across the Army, Navy, Air Force, Marine Corps, and Coast Guard. We understand that truth alone is not enough—you need a battle-tested defense team who can dismantle the prosecution’s case and fight for your career and freedom.
Call Gonzalez & Waddington today at 1-800-921-8607 or visit ucmjdefense.com to schedule a confidential consultation.
FAQs on Article 120 UCMJ
What is Article 120 of the UCMJ?
Article 120 criminalizes rape, sexual assault, aggravated sexual contact, and abusive sexual contact. It carries some of the harshest penalties under military law.
Can consent be a defense to Article 120 charges?
Yes. Consent is often the central issue in Article 120 trials. The defense may present evidence showing the encounter was voluntary.
What happens if convicted under Article 120?
Possible punishments include dishonorable discharge, confinement, loss of benefits, and sex offender registration.
Are forensic exams (SANE/DNA) always accurate?
No. Mistakes, contamination, or bias in testing can create false positives. Skilled defense lawyers challenge these results.
Why hire a civilian defense counsel instead of relying on appointed JAG lawyers?
Civilian lawyers often have more trial experience, independence, and resources to fight complex forensic and credibility battles.