Article 120 UCMJ | Defending Against Military Sexual Assault Charges
Article 120 of the Uniform Code of Military Justice (UCMJ) governs sexual assault
and rape charges in the military. These cases are among the most serious in the military justice system
and often carry mandatory minimum sentences, including dishonorable discharge
and lengthy confinement. With careers, reputations, and freedom at stake, defending against an
Article 120 charge requires a precise, aggressive strategy. Gonzalez & Waddington,
globally recognized court-martial defense lawyers, explain how these cases are prosecuted
and defended in 2025.
Watch: Military Sexual Assault Defense
What Does Article 120 Cover?
- Rape – sexual acts by force, threat, or when the victim is incapable of consent.
- Sexual assault – sexual acts without consent or through coercion.
- Abusive sexual contact – non-penetrative sexual touching without consent.
- Aggravating factors – use of weapons, multiple offenders, or incapacitation of the victim.
Evidence in Article 120 Cases
Prosecutors rely heavily on forensic evidence, SANE exams,
DNA testing, and digital forensics (texts, social media, GPS).
However, many Article 120 prosecutions hinge primarily on the testimony of the alleged victim,
with little to no corroborating evidence. This makes cross-examination, impeachment, and
expert testimony central to a strong defense.
Pro Tips for Fighting Article 120 Charges
- Challenge consent issues: Use texts, photos, and witness testimony to show consensual conduct.
- Dissect forensic reports: DNA and SANE exam findings often lack clear proof of assault.
- Use digital evidence: Social media, messages, and location data can reveal inconsistencies.
- Prepare for victim impeachment: Inconsistencies, motives to lie, and prior behavior matter.
- Leverage experts: Medical, psychological, and digital forensic experts can dismantle flawed government evidence.
Common Mistakes in Article 120 Defense
- Failing to preserve and analyze phone, digital, or surveillance evidence quickly.
- Assuming DNA or SANE exams prove guilt—they rarely establish consent.
- Not aggressively cross-examining the accuser and government witnesses.
- Delaying in hiring civilian defense counsel with Article 120 trial experience.
- Allowing command investigations to go unchallenged without legal guidance.
Call Gonzalez & Waddington | Global Military Defense
Facing an Article 120 UCMJ charge is one of the most serious situations a service member can endure.
Gonzalez & Waddington have defended military clients accused of sexual assault in over 12 countries
and across every U.S. military branch. Call 1-800-921-8607 or visit
ucmjdefense.com for a confidential consultation.
FAQs: Article 120 UCMJ
What is the maximum punishment for Article 120?
Depending on the offense, punishments include life imprisonment, dishonorable discharge,
forfeitures, and confinement.
Is consent a defense under Article 120?
Yes. If consent can be shown, the government must prove beyond a reasonable doubt that it did not exist.
Do SANE exam results guarantee a conviction?
No. SANE exams only document findings. They do not prove whether sexual contact was consensual.
Can digital evidence help in a sexual assault defense?
Absolutely. Texts, call logs, social media, and GPS data often contradict the government’s version of events.
Should I talk to CID, OSI, NCIS, or CGIS without a lawyer?
No. Always consult an experienced military defense lawyer before speaking to investigators.
