Article 120 UCMJ | Sexual Assault and Rape in the Military
Article 120 of the Uniform Code of Military Justice (UCMJ) covers sexual assault, rape, and related offenses. It is one of the most serious and high-stakes charges a service member can face. Conviction can result in decades of confinement, mandatory sex offender registration, and a dishonorable discharge. Even mere allegations can destroy a military career. At Gonzalez & Waddington, we have successfully defended service members worldwide against Article 120 charges, challenging unreliable witnesses, flawed forensic evidence, and improper command influence.
Video: Defending Against Article 120 Allegations
What Does Article 120 Prohibit?
Article 120 includes multiple categories of sexual misconduct, such as:
- Rape – sexual acts by force, threat, or when the victim cannot consent
- Sexual assault – nonconsensual sexual contact or penetration
- Aggravated sexual contact – contact involving coercion, threats, or incapacitation
- Abusive sexual contact – unwanted touching of intimate body parts
The statute is broad, and prosecutors often push weak or ambiguous cases forward, even when the evidence does not support the allegations.
Potential Punishments
Depending on the charge, Article 120 punishments may include:
- Mandatory minimum confinement (in some rape cases, 15 years or more)
- Dishonorable discharge
- Forfeiture of all pay and allowances
- Sex offender registration
Key Defense Strategies
- Consent defense – demonstrating that the encounter was consensual
- Impeachment of the accuser – exposing inconsistencies, motives to lie, or credibility issues
- Challenging forensic evidence – questioning DNA, SANE exam findings, or digital messages
- Timeline contradictions – pointing out discrepancies in the government’s narrative
- Unlawful command influence – highlighting political or command pressure to convict
Pro Tips & Mistakes to Avoid
Pro Tips
- Preserve all digital evidence—texts, emails, and social media can make or break the case.
- Identify and prepare witnesses who can testify about consent or the accuser’s credibility.
- Hire a civilian defense counsel experienced in cross-examining forensic experts.
Mistakes to Avoid
- Talking to investigators without legal representation.
- Assuming that truth alone will prevent a conviction.
- Waiting until trial is near before hiring an experienced civilian lawyer.
Why Choose Gonzalez & Waddington
Our law firm has defended hundreds of Article 120 cases worldwide. We understand the science, psychology, and trial strategies needed to dismantle weak government cases. With decades of courtroom experience, we fight aggressively to protect our clients from unjust convictions and catastrophic punishments.
Call Gonzalez & Waddington at 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation today.
FAQs on Article 120 UCMJ
What is Article 120 under the UCMJ?
It is the section of military law that criminalizes rape, sexual assault, and related offenses.
What are the mandatory minimum sentences?
In some cases of rape, mandatory minimum confinement is 15 years, along with a dishonorable discharge.
Can consent be a defense to Article 120 charges?
Yes. Consent is often the central issue, and defense counsel can present evidence to show the encounter was consensual.
Do SANE exams and DNA always prove guilt?
No. Forensic results are often inconclusive or misinterpreted. A skilled defense lawyer can challenge these findings.
Why hire a civilian lawyer for Article 120 cases?
Because of the stakes and complexity, experienced civilian defense counsel often provide stronger and more aggressive representation than overburdened military attorneys.