Article 120 UCMJ | Defending Against Sexual Assault Allegations in the Military
Article 120 of the Uniform Code of Military Justice (UCMJ) covers sexual assault and rape in the military. It is one of the most aggressively prosecuted offenses under the UCMJ. Service members accused of sexual assault face
mandatory minimum sentences, dishonorable discharge, sex offender registration, and lengthy confinement.
Even before trial, careers are destroyed, reputations ruined, and families shattered. Gonzalez & Waddington, elite military defense lawyers, explain what you must know if you are under investigation for an Article 120 offense.
Watch: Defending Military Sexual Assault Cases
Understanding Article 120
Article 120 is broad and includes a wide range of sexual misconduct charges, from rape and sexual assault to abusive
sexual contact. Convictions often rest on conflicting testimony and forensic evidence such as
DNA, SANE exams, and digital forensics. The military justice system is unique in that:
- The accused is presumed guilty by many commands once an allegation is made.
- Cases often proceed to trial with little physical evidence.
- Military juries (panels) are not required to be unanimous for a conviction.
Key Defenses in Article 120 Cases
An experienced civilian military defense lawyer can deploy several strategies to counter false or exaggerated allegations:
- Consent defense: Showing that the encounter was voluntary and consensual.
- Impeachment: Exposing inconsistencies in the accuser’s statements through cross-examination.
- Forensic analysis: Challenging flawed or biased DNA/SANE exam results.
- Digital evidence: Using texts, social media, or GPS data to disprove timelines.
- Bias and motive: Demonstrating ulterior motives such as revenge, jealousy, or avoiding disciplinary action.
Pro Tips for Fighting Article 120 Charges
- Do not make statements: Anything you say can and will be twisted against you.
- Secure evidence immediately: Save texts, call logs, social media posts, and potential witnesses.
- Challenge forensic evidence: SANE and DNA findings are not infallible.
- Hire civilian defense counsel early: The government builds its case quickly; you must be faster.
- Prepare for trial: Most Article 120 cases go to court-martial — do not rely on dismissal.
Common Mistakes Service Members Make
- Talking to CID, NCIS, or OSI without an attorney present.
- Believing the allegation will “go away” on its own.
- Failing to preserve exculpatory evidence (deleted texts, social media).
- Trusting only military-appointed counsel when careers and freedom are on the line.
- Underestimating the military’s pressure to convict in sexual assault cases.
Why Gonzalez & Waddington?
Gonzalez & Waddington have defended service members worldwide in some of the toughest
Article 120 UCMJ sexual assault trials. They have cross-examined hundreds of alleged victims,
exposed flawed forensic testimony, and fought against the military’s rush to judgment. If you are accused of
sexual assault, you need battle-tested civilian defense counsel on your side.
Call 1-800-921-8607 or visit
ucmjdefense.com for a confidential case evaluation.
FAQs: Article 120 UCMJ
What happens if I am accused of sexual assault under Article 120?
You will likely face an investigation by CID, NCIS, or OSI. If charges are preferred, the case may go to an Article 32 hearing and then court-martial.
Can I be convicted without physical evidence?
Yes. Military courts often proceed on testimony alone, which is why aggressive cross-examination is critical.
What is the minimum sentence for sexual assault under the UCMJ?
Conviction for rape of an adult carries a mandatory minimum sentence of dishonorable discharge and confinement.
Should I talk to investigators if I am innocent?
No. Remaining silent protects your rights. Innocent service members are often convicted after giving statements without counsel.
How can a civilian military defense lawyer help?
A seasoned civilian defense lawyer can uncover flaws in the government’s case, bring in expert witnesses, and fight for acquittal in ways that appointed counsel often cannot.
