What does Article 120 of the UCMJ cover?

Article 120 includes rape, sexual assault, aggravated sexual contact, and abusive sexual contact involving adults.
Each offense has specific elements, such as lack of consent, force, bodily harm, or the victim being asleep or otherwise incapable of consenting.
The government must prove every element beyond a reasonable doubt.

How does the military define “consent” in Article 120 cases?

Consent must be a freely given, informed, and conscious agreement to engage in a sexual act.
Silence, lack of resistance, intoxication, or prior relationships are not the same as consent.
The military’s definition often becomes the core battleground at trial.

What typically triggers an Article 120 investigation?

Most cases start with a report to command, a SARC, law enforcement, or even an anonymous hotline.
Once a report is made, investigators almost always open a case immediately, even without physical evidence or eyewitnesses.

What agencies investigate Article 120 cases?

Investigations are usually conducted by:

• CID (Army)
• NCIS (Navy/Marine Corps)
• OSI (Air Force/Space Force)
• CGIS (Coast Guard)

Civilian police may also become involved depending on the location and circumstances.

Should I talk to investigators without a lawyer?

In most cases, no.
Service members routinely damage their case by trying to “explain” or “clear things up.”
A simple mistake in wording or memory can be used as evidence against you.
Politely ask for a lawyer and stop the interview.

Can investigators search my phone, barracks room, or digital accounts?

They can ask for consent, which you can refuse.
If you decline, they may seek a command authorization or warrant.
Digital evidence — texts, photos, location data, social media activity — often becomes central at trial.

What is the maximum punishment for Article 120 sexual assault or rape?

Depending on the offense, possible punishments include:

• Years or decades of confinement
• Dishonorable or Bad Conduct Discharge
• Reduction to E-1
• Loss of retirement benefits
• Forfeiture of pay and allowances
• Mandatory sex offender registration

Sex offender registration may last for decades or life, depending on the jurisdiction.

Will I be flagged or pulled from duty once accused?

Almost always.
Flags, no-contact orders, duty restrictions, and involuntary reassignment are common.
These actions occur before guilt is proven and often last until the case is resolved.

Can the military separate me even if I am not convicted?

Yes.
Commands can initiate an administrative separation board or a Board of Inquiry based solely on allegations or a negative investigation.
These boards can recommend an Other Than Honorable (OTH) discharge.

What is an Article 32 preliminary hearing and why does it matter?

The Article 32 hearing is similar to a grand jury in civilian courts, but with more defense rights.
It allows your lawyer to cross-examine witnesses, challenge the government’s evidence, and lock in testimony before trial.
A strong defense performance at Article 32 can weaken the prosecution’s case early.

What if the accusation is exaggerated, mistaken, or fabricated?

False and distorted allegations occur for many reasons — alcohol, confusion, regret, relationship issues, jealousy, and pressure from friends or command.
A skilled defense team exposes inconsistent statements, motives to lie, digital contradictions, and behavioral clues that undermine credibility.

How important is digital evidence in Article 120 cases?

Extremely important.
Texts, social media messages, photos, timestamps, and location data often become the most compelling evidence at trial.
Defense lawyers frequently use this material to reconstruct timelines and challenge the accuser’s version of events.

Do I need a civilian military defense lawyer for an Article 120 case?

While military defense counsel are dedicated, they handle heavy caseloads.
Many service members hire civilian counsel for:

• Deeper investigation
• Independent strategy
• More time to prepare
• Specialized knowledge of sex crimes litigation

Civilian lawyers can also coordinate with your detailed defense counsel.

How long do Article 120 cases usually take?

Most cases run 6–18 months from allegation to final resolution.
Delays often come from digital forensics, backlogged labs, witness issues, and scheduling of the Article 32 and court-martial.

Can I be forced to take a polygraph?

No.
Polygraphs are voluntary.
If investigators ask you to take one, you should speak with a lawyer first, as polygraphs can be used strategically to trap the accused.

What role do expert witnesses play in Article 120 trials?

Experts may be used for:

• Alcohol-related memory analysis
• False reporting psychology
• Forensic toxicology
• DNA or medical findings
• Digital forensics

Gonzalez & Waddington frequently works with leading experts worldwide.

Do statements made to a SARC or SHARP representative get used against me?

Statements made by the alleged victim can be used.
Statements made by the accused to victim advocates are not confidential and can be handed to investigators.

Should I gather evidence or talk to witnesses on my own?

No.
This can be interpreted as obstruction or witness tampering.
Your defense team should handle all evidence preservation and witness contact.

What is the biggest mistake accused service members make?

Talking — either to investigators, command, friends, or the alleged victim.
Innocent statements are often twisted into damaging “evidence.”
Remaining silent is often the best protection.

Why do so many Article 120 cases rely on only one person’s word?

Most allegations involve alcohol, private settings, or no witnesses.
The case often turns on credibility, behavior before and after the event, digital evidence, and inconsistencies in statements.

Why do service members hire Gonzalez & Waddington for Article 120 cases?

Because experience matters.
Our firm has defended hundreds of military sexual assault cases across the world, including cases at Fort Bragg, Fort Hood, Germany, Italy, Korea, Okinawa, Bahrain, Djibouti, and dozens of other installations.
We are known for aggressive cross-examination, forensic analysis, and the ability to dismantle weak or unreliable testimony.

What experience does Gonzalez & Waddington have with high-risk sex crime trials?

Michael Waddington and Alexandra Gonzalez-Waddington are internationally recognized military defense lawyers who have tried some of the most complex Article 120 and Article 134 sex crime cases in the military justice system.
Their work has been featured in major publications, and their defense strategies are used by military and civilian lawyers worldwide.

What defenses are commonly used in Article 120 cases?

Depending on the facts, defenses may involve:

• Mistaken belief in consent
• False or distorted reporting
• Digital contradictions
• Timeline reconstruction
• Motive to lie (jealousy, fear of consequences, relationship fallout)
• Memory distortion from alcohol

Defense strategy is tailored to the specific facts of the case.

Can a case be won even when there is no physical evidence?

Yes.
Many of the strongest defense verdicts occur in cases where the accusation is unsupported by medical findings or forensics.
Credibility, motive, and inconsistent statements often drive the outcome.

What should I do right now if I am under investigation?

• Stop talking about the allegation
• Preserve messages, screenshots, and timeline information
• Follow all orders and restrictions
• Do not delete or alter anything
• Contact a civilian military defense lawyer immediately

Early legal strategy can change the entire direction of the case.