Article 120 UCMJ | Defending Military Sexual Assault Cases
Under the Uniform Code of Military Justice (UCMJ),
Article 120 covers sexual assault and rape offenses.
These cases are among the most aggressively prosecuted in the military justice system
and often carry mandatory minimum punishments, including
confinement and dishonorable discharge.
Gonzalez & Waddington, one of the nation’s top firms defending
court-martials and boards of inquiry (BOI),
provide insight into defending these high-stakes cases in 2025.
Watch: Military Sex Crime Defense Explained
Key Elements of Article 120 Charges
- Sexual Assault: Penetration or sexual contact without consent.
- Rape: Non-consensual sexual acts using force, threats, or incapacitation.
- Sexual Contact: Touching for sexual gratification without consent.
- Aggravated Offenses: Involving force, child victims, or substantial incapacitation.
Defenses to Article 120 Charges
Successful defenses require experience, strategy, and expert knowledge of military law:
- Consent Defense: Demonstrating the sexual act was consensual.
- Mistaken Belief in Consent: Showing the accused reasonably believed consent existed.
- Challenging Forensics: Attacking SANE/DNA evidence or digital forensic reports.
- Witness Credibility: Cross-examining to expose inconsistencies, motives, or bias.
- Constitutional Violations: Suppressing unlawfully obtained statements or searches.
Mandatory Minimum Sentences Under Article 120
- Sexual Assault: Dishonorable discharge, confinement (starting at 1 year minimum).
- Rape: Dishonorable discharge, confinement for life without parole or decades of imprisonment.
- Collateral Consequences: Loss of retirement, veteran benefits, and permanent sex offender registration.
Pro Tips for Defending Article 120 Cases
- Lock in testimony early: Use Article 32 hearings to expose weaknesses in the government’s case.
- Hire expert witnesses: Forensic DNA, toxicology, and digital forensic experts can dismantle weak evidence.
- Preserve digital evidence: Phone records, texts, and social media often tell a different story.
- Focus on credibility: Many Article 120 cases hinge solely on testimony—show contradictions.
- Avoid waiving rights: Do not give statements to CID, NCIS, or OSI without experienced legal counsel.
Common Mistakes in Article 120 Defense
- Assuming innocence will prevail without building a defense strategy.
- Failing to challenge flawed SANE exams or DNA results.
- Overlooking digital forensics that can prove consent or alternative timelines.
- Waiting too long to retain a skilled civilian defense counsel.
Call Gonzalez & Waddington | Global Military Sex Crime Defense
An Article 120 charge is one of the most devastating accusations a service member can face.
The stakes are life-altering—prison, discharge, and lifelong stigma.
Gonzalez & Waddington have defended military clients in over a dozen countries
and across every branch of service. If you are accused, contact us immediately at
1-800-921-8607 or visit
ucmjdefense.com.
FAQs: Article 120 UCMJ Sexual Assault
What is the difference between sexual assault and rape under Article 120?
Sexual assault involves non-consensual sexual contact or penetration, while rape requires proof of force, threats, or substantial incapacitation.
Do I face mandatory minimum punishments if convicted?
Yes. Most Article 120 convictions carry dishonorable discharge and prison time, often with mandatory minimums.
Can consensual relationships lead to Article 120 charges?
Yes. Many accusations stem from relationships later claimed to be non-consensual. Consent defense is critical.
How important is forensic evidence in Article 120 cases?
Extremely. SANE exams, DNA, and digital forensics often become the deciding factor. Experienced counsel must challenge this evidence.
Can a civilian defense lawyer represent me in court-martial?
Yes. Civilian lawyers with court-martial experience, like Gonzalez & Waddington, can appear worldwide and often provide stronger, independent defense than appointed counsel.
