Article 120 UCMJ – The Ultimate 2026 Guide to Military Sexual Assault Defense

TLDR – Article 120 Sexual Assault Allegations Move Fast, Hit Hard, and Require Immediate Defense Strategy

Article 120 of the Uniform Code of Military Justice (UCMJ) covers sexual assault offenses within the U.S. military. An Article 120 allegation is one of the most serious accusations a service member can face. Even before charges are filed, the investigation alone can destroy careers, reputations, family stability, and future opportunities.
Military Sexual Assault (MSA) cases are prosecuted aggressively, often with limited evidence, conflicting accounts, heavy political pressure, and investigative shortcuts. The outcome of your case will come down to the strength of your defense, not the truth alone.

• Most Article 120 cases rely on credibility—not physical evidence.
• The military justice system strongly favors the accuser from day one.
• Command pressure, SAPR policies, and political climate influence prosecution.
• CID/NCIS/OSI investigations often contain errors, bias, or tunnel vision.
• The lawyer you hire will matter more than any other factor in your case.

This guide explains exactly how Article 120 cases work, what you’re up against, how to defend yourself, and how the best civilian military defense lawyers win cases—even when the government believes they have a “slam dunk.”

Understanding Article 120 UCMJ – What the Law Actually Says

Article 120 does not simply mean “sexual assault.” It is a complex law with multiple subsections, definitions, legal standards, and interpretations. To defend yourself effectively, you must first understand the structure.

Article 120 Includes Several Categories of Offenses:

• Sexual Assault – using unlawful force, threat, coercion, or causing bodily harm
• Aggravated Sexual Assault – involving serious bodily harm, certain incapacitation levels, or vulnerable victims
• Sexual Contact Offenses – unwanted touching with sexual intent
• Abusive Sexual Contact – touching without consent
• Indecent Acts – lewd conduct in presence of another person
• Sexual Acts with Someone Incapable of Consent

Key Definitions That Decide Article 120 Cases

1. “Sexual Act”

Penetration, no matter how slight, of the vulva or anus or oral contact with the penis, vulva, or anus. Even touching with slight penetration counts.

2. “Sexual Contact”

Touching of intimate body parts with intent to abuse, humiliate, degrade, or arouse/gratify sexual desire.

3. “Consent” Under Article 120

The military’s definition of consent is extremely broad and often misunderstood:

• Consent must be freely given.
• Lack of verbal or physical resistance does not equal consent.
• A person who is drunk may still consent—but investigators rarely explain this.
• A person can withdraw consent at any time.

Most court-martial fights revolve around whether the accuser consented or whether the accused had a reasonable mistake of fact as to consent.

Penalties for Article 120 Convictions (2026)

If convicted of sexual assault under Article 120, you face:

• Years of confinement (often decades)
• Dishonorable discharge
• Sex offender registration (mandatory for many offenses)
• Total loss of retirement and VA benefits
• Loss of rank and pay
• Destruction of career opportunities
• Restrictions on housing, travel, employment, and family rights

Even an acquittal may still trigger:

• Administrative separation
• GOMORs
• Bars to reenlistment
• Adverse evaluations

Article 120 is not just a legal threat—it is a full-spectrum attack on your future.

Why Article 120 Cases Are So Hard to Defend

Military sexual assault cases differ sharply from civilian cases.

1. No Physical Evidence Required

Most convictions are based only on the accuser’s testimony—nothing more.

2. Intoxication Complicates Consent

Investigators often misinterpret alcohol consumption as “incapacitation,” even when accusers were conscious and communicating clearly.

3. Command Pressure Influences Every Stage

Due to political and cultural pressure, the military aggressively prosecutes sexual assault—even weak, unsupported, or contradictory cases.

4. Investigators Are Not Neutral

CID, NCIS, and OSI training focuses on supporting accusers and “believing victims” rather than evaluating claims objectively.

5. Accusers Often Receive Support and Coaching

SARC, SAPR, victim advocates, and special victims counsel work exclusively with accusers—not the accused. Many guide accusers through how to frame statements and avoid contradictions.

6. JAG Defense Counsel Are Overloaded

Military defense attorneys are hard-working, but they often carry dozens of cases at once. Article 120 cases require meticulous, expert-level strategy and time investment JAG cannot always provide.

The Military Sexual Assault Investigation Process

Understanding how the system moves—and how quickly it can escalate—is the key to winning your case.

Step 1 – The Allegation

Someone reports sexual assault, often days or weeks after the alleged incident. Sometimes months later. Delayed reporting is common and often results in major inconsistencies.

Step 2 – Investigators Interview the Accuser

SARC/SAPR personnel often accompany or support the accuser; this creates pressure on investigators to build a case—not evaluate its legitimacy.

Step 3 – CID/NCIS/OSI Contacts You

They may ask for a “quick statement” or imply you can “clear this up.”
Do NOT speak to them. Ever.
Anything you say can and will be used against you, even if you did nothing wrong.

Step 4 – Search Warrants, Phone Seizure, Digital Extraction

Agents may seize your phone, pull texts, photos, location data, social media, and contacts. Forensic extraction takes months.

Step 5 – Article 32 Preliminary Hearing

This is your first chance to challenge the government’s case, expose contradictions, and shape the trial narrative.

Step 6 – Referral to Court-Martial

Once referred, the government commits fully to prosecution, even in weak cases.

Step 7 – Trial by Panel (Jury)

Your liberty, career, rank, and reputation are at stake. Convictions may occur even when evidence is ambiguous.

Your Rights Immediately After a Sexual Assault Allegation

Your rights are powerful, but most service members accidentally waive them through fear, confusion, or good intentions.

1. You Have the Right to Remain Silent

Use it. Silence is your strongest defense early on.

2. You Have the Right to a Lawyer—Civilian or Military

You do not have to wait for charges or an official notification.

3. You Have the Right to Refuse Interviews

Do NOT explain, justify, “clear things up,” or discuss when accused.

4. You Have the Right to Protect Digital Evidence

Many Article 120 defenses rely on texts, photos, social media, and timelines that prove consent or contradict the accuser.

5. You Have the Right to Prepare Your Defense Immediately

The earlier the defense starts, the better your outcome.

The Critical Legal Concepts That Decide Article 120 Cases

Military sexual assault cases hinge on understanding two key legal concepts: Consent and Mistake of Fact as to Consent. These concepts determine guilt or innocence more than any other factor — often more than physical evidence, witness testimony, or forensic results.

1. Consent

Under Article 120, consent must be a freely given agreement. Investigators often distort this definition. Many service members believe consent requires a verbal “yes.” That is false.

Consent can be:

• Verbal (“yes,” “okay,” “come here,” etc.)
• Non-verbal (body language, physical engagement, voluntary behavior)
• Contextual (prior interactions, mutual initiation, reciprocal contact)

Investigators routinely ignore or misinterpret non-verbal consent, especially when alcohol is involved. The defense must correct this misconception.

2. Mistake of Fact as to Consent (MOF)

This is one of the strongest defenses in Article 120 cases. If the accused reasonably believed the other person consented, even if they were mistaken, they must be found not guilty.

Reasonableness is established through:

• Texts before or after the event
• Accuser behavior during the encounter
• Accuser messages to friends
• Social media posts
• Body language and physical engagement
• Witness testimony about behavior before or after the event

The military rarely explains this defense to service members, but it often decides the case.

How Alcohol Complicates Article 120 Cases

The presence of alcohol does NOT automatically mean someone is incapacitated or unable to consent. Yet investigators frequently treat any alcohol use as evidence of guilt.

Levels of Impairment That Matter

Under UCMJ law, the accuser must be incapable of consenting — meaning:

• Unconsciousness
• Severe impairment preventing rational decision-making
• Physical inability to communicate consent

The prosecution must prove this level of impairment — but they rarely do. Instead, they rely on:

• General statements (“I was drunk,” “I don’t remember everything”)
• Emotional testimony
• Post-event regret reframed as lack of consent

Your attorney must force investigators and prosecutors to meet the actual legal standard — not the emotional one.

Forensic Evidence in Article 120 Cases – What Really Matters

Many service members assume forensics will “prove the truth.” This is rarely true. Forensic evidence in military sexual assault cases is often:

• Inconclusive
• Misinterpreted
• Irrelevant to the issue of consent

1. DNA Evidence

DNA only proves that sexual contact occurred — not whether it was consensual. CID/NCIS/OSI often claim “DNA helps the government,” but that is meaningless without proof of non-consent.

2. SANE Exams (Sexual Assault Forensic Exams)

Many assume injuries prove assault. Wrong.

• 80% of consensual sex produces some micro-tearing.
• The absence of injuries does NOT disprove assault.
• The presence of minor injuries does NOT prove assault.

Most SANE conclusions are medically unreliable and require expert cross-examination.

3. Toxicology

Toxicology rarely proves incapacitation. Many accusers were texting, walking, arguing, consenting, or functioning perfectly before and after the event — despite alcohol.

4. Cell Phone Forensics

Text messages, photos, location data, call logs, and deleted conversations often determine the outcome. Digital evidence is the modern backbone of Article 120 defense.

How Investigations Go Wrong – Major Flaws in CID/NCIS/OSI Methods

Article 120 investigations are often deeply flawed. Understanding these flaws is essential to defeating the government’s case.

1. Confirmation Bias

Once a complaint is made, investigators assume guilt and seek evidence that confirms it — ignoring conflicting evidence.

2. Leading Questions in Interviews

Investigators often “coach” accusers unintentionally by framing questions that suggest answers.

3. Ignoring Evidence Favorable to the Accused

Messages, videos, witness details, and timeline inconsistencies are sometimes omitted from the official record.

4. Failure to Interview Key Witnesses

Investigators often neglect neutral witnesses or those whose statements contradict the accuser.

5. Not Preserving Digital Evidence Properly

Investigators may overlook crucial evidence in phones, apps, and metadata.

6. Relying Too Heavily on Emotions Instead of Facts

Emotional testimony is NOT evidence — but investigators treat it as such.

Defense Strategy: How to Win Article 120 Cases

The best military sexual assault lawyers do not simply react — they build a structured, methodical defense plan that dismantles the government’s case at every stage.

1. Reconstruct the Timeline

The truth lies in the timeline. Rebuild the accuser’s behavior before, during, and after the event using:

• Texts
• Social media posts
• Witness accounts
• Surveillance footage
• Location data

Accusers often behave normally after consensual encounters — a fact that destroys the prosecution’s theory.

2. Attack Credibility

Credibility is everything. Many sexual assault allegations arise from:

• Regret
• Fear of getting in trouble
• Breakups
• Jealousy
• Revenge
• Pressure from friends or command

The defense must expose contradictions, motives, bias, and inconsistencies.

3. Challenge the Investigation

Demonstrate how investigators:

• Ignored key evidence
• Failed to interview witnesses
• Misinterpreted statements
• Misapplied intoxication/consent rules
• Failed to preserve or analyze evidence properly

4. Use Forensic and Digital Evidence Effectively

Do not assume DNA or SANE exams hurt you. In most cases, those findings help the defense when properly explained.

5. Prepare for Article 32 Strategically

The Article 32 hearing is the first and best opportunity to expose weaknesses in the government’s case.

6. Select the Right Panel Members

The success of your case depends heavily on who sits on your panel (jury). Experienced civilian counsel understand voir dire strategy and how to identify biased panel members.

7. Execute Precision Cross-Examination

Cross-examination is an art. Done well, it destroys weak testimony. Done poorly, it can strengthen the government’s case.

Effective cross-examination requires:

• Thorough preparation
• A clear theory of the case
• Identification of contradictions
• Understanding behavioral psychology
• Mastery of evidence and timelines

Accuser Credibility — The Heart of Every Article 120 Case

In most sexual assault trials, the accuser’s story is the prosecution’s entire case. To win, the defense must expose:

• Inconsistent statements
• Contradictory behavior
• Motive to fabricate
• Regret-driven allegations
• External pressure
• Memory gaps due to alcohol
• Changes in narrative over time
• Prior untruthfulness or credibility issues

Even small inconsistencies become powerful tools in skilled hands.

Text Messages, Social Media, and Digital Footprints

In modern Article 120 cases, digital evidence is often more important than physical evidence. You must preserve:

• Messages sent before, during, and after the encounter
• Photos and videos
• Location data
• Call logs
• Instagram/Snapchat/TikTok activity
• Deleted messages (possible to recover)

Many accusers forget that their digital trail contradicts their claim of non-consent or incapacitation.

Command Pressure in Article 120 Cases

The military climate surrounding sexual assault makes commanders extremely cautious. They often assume guilt to avoid appearing unsupportive of victims.

This pressure leads to:

• Overcharging
• Pushing weak cases to trial
• Ignoring exculpatory evidence
• Pressuring witnesses to support prosecution narratives
• Refusing to drop charges even when evidence collapses

How Civilian Military Lawyers Win Article 120 Cases

The most successful civilian attorneys:

• Conduct their own investigation
• Reconstruct timelines the government ignores
• Cross-examine investigators and accusers aggressively but professionally
• Use defense experts for forensics, psychology, and toxicology
• Identify contradictions the prosecution hopes no one notices
• Understand military culture and panel psychology
• Build compelling narratives based on truth and logic

Civilian counsel often sees what military defense teams miss due to workload, time constraints, or lack of specialized trial experience.

Advanced Defense Strategies in Article 120 Cases

Once your lawyer understands the facts, the timeline, and the government’s weaknesses, the next step is building a layered defense. Military sexual assault trials are won through strategy, not hope. The most effective defenses use a combination of timeline reconstruction, forensic science, credibility analysis, psychological insights, and expert testimony.

1. Recreate the Social and Psychological Context

Article 120 allegations rarely occur in a vacuum. The defense must analyze:

• The accuser’s emotional state before and after the encounter
• Relationship dynamics (romantic, friendship, coworker, chain of command)
• Behavior around alcohol or social risk-taking
• Stressors in the accuser’s life (breakups, performance issues, conflict)
• External pressures (friends, spouse, therapy, command influence)

Understanding the psychology of the accuser helps reveal motive, bias, or inconsistencies.

2. Analyze the Accuser’s “Story Evolution” Over Time

Accusers frequently change their story. The defense must carefully document every version:

• Initial SARC or victim advocate statement
• CID/NCIS/OSI interview
• Written statements
• Forensic or medical statements
• Texts to friends describing the event
• Statements to chain of command
• Testimony at Article 32 hearing
• Trial testimony

Even small inconsistencies can devastate credibility. Jurors are far more sensitive to shifts in narrative than prosecutors acknowledge.

3. Identify “Memory Gaps” and “Reconstruction Errors”

Alcohol complicates memory encoding. People remember emotional moments but forget sequences. They fill in missing details with guesses or assumptions. Investigators treat those guesses as fact.

Defense must show:

• How alcohol affects perception and recall
• How memory reconstruction works under stress
• That a lack of memory does NOT equal lack of consent
• How post-event influence (friends, therapy, command) alters memories

Educating the jury on memory science is one of the most powerful tools in sexual assault defense.

4. Conduct a “Bias and Motive” Analysis

Why would the accuser lie or exaggerate? Common motives include:

• Regret after consensual sex
• Fear of cheating, consequences, or moral judgment
• Desire to avoid conflict with partner or spouse
• Jealousy or retaliation
• Misunderstanding or miscommunication
• Pressure from friends or command
• Mental health issues
• Fear of administrative punishment for alcohol or fraternization

The defense must expose these motives respectfully but directly.

5. Establish Behavioral Patterns

How the accuser acted before and after the event is often more important than what they say in court. Jurors trust behavior more than testimony.

Look for patterns such as:

• Flirty behavior
• Initiation of contact
• Physical affection
• Normal behavior immediately after the encounter
• No immediate reporting
• Seeking out the accused afterward
• Social media posts contradicting emotional distress

Actions speak louder than words.

How Prosecutors Build Article 120 Cases — And How to Dismantle Their Strategy

To defeat the government, you must understand how they think. Military prosecutors rely on predictable themes because they work on inexperienced defendants.

Government Theme 1: “Believe the Victim”

Prosecutors encourage the panel to trust emotions over evidence.
Defense must counter with logic, reason, and objective inconsistencies.

Government Theme 2: “Intoxication Means Incapacitation”

This is legally false. The defense must break the false equivalency between alcohol and inability to consent.

Government Theme 3: “Normal Behavior Afterward Is Trauma Response”

Prosecutors claim every behavior — panic, crying, texting, flirting, joking, or ignoring — is a trauma symptom.
Defense must show this circular logic is unscientific.

Government Theme 4: “If She Regrets It, That Means He Assaulted Her”

The defense must separate emotion from legal standards.

Government Theme 5: “Inconsistencies Equal Trauma, Not Deception”

Defense must show inconsistencies = unreliability, not trauma.
Jurors respond strongly to documented contradictions.

Expert Witnesses in Article 120 Defense

Expert witnesses are often the difference between acquittal and conviction. Civilian defense teams use experts far more effectively than military counsel due to experience and resource flexibility.

1. Forensic Expert

DNA, injury interpretation, SANE exam flaws, transfer evidence, and contamination issues.

2. Toxicology Expert

What alcohol does—and doesn’t—do. Clarifies whether the accuser was truly incapacitated.

3. Psychology or Memory Expert

Explains memory gaps, reconstruction errors, trauma misconceptions, and influence by peers or command.

4. Digital Forensics Expert

Reconstructs deleted messages, timelines, location data, and metadata.

5. Behavior Analysis Expert

Shows behavioral evidence consistent with consensual encounters rather than assault.

The Most Damaging Mistakes Accused Service Members Make

Most military sexual assault cases are not lost because the accused is guilty — they are lost because the accused made preventable mistakes.

Mistake 1 – Talking to Investigators

Never explain. Never “clear things up.” Never give your side.
Investigators are trained to trap you — not help you.

Mistake 2 – Deleting Messages or Changing Your Story

Deletion = consciousness of guilt. Even innocent people destroy their defense by trying to “clean up” texts or social media.

Mistake 3 – Confronting the Accuser

Anything you say can become evidence — even if you’re trying to calm things down.

Mistake 4 – Talking to Friends, Coworkers, or Leadership

They will repeat what you say. They may misunderstand. They may be pressured to testify.

Mistake 5 – Thinking JAG Is Enough

JAG works hard, but sexual assault defense requires expertise most military counsel don’t have time to develop.

Mistake 6 – Waiting Too Long to Build a Defense

Every hour of delay harms your case. Early intervention = better outcomes.

Ten Realistic Article 120 Case Examples (Modeled on Common Fact Patterns)

Example 1 – Mutual Intoxication, Regret Report

Two Soldiers hook up at a party. Both are intoxicated. Days later, one panics after friends criticize her behavior. She reports assault.
Defense used texts, social media, and a timeline to prove consensual behavior.
Result: Not Guilty.

Example 2 – Breakup-Driven Allegation

A consensual relationship ends. Angry, the accuser reframes a prior consensual encounter as assault. Defense presented prior relationship evidence.
Result: Case dismissed at Article 32.

Example 3 – No Memory = “Assault” Assumption

The accuser drank heavily and couldn’t remember parts of the night. Friends pressured her to report.
Defense demonstrated she interacted normally the entire night.
Result: Acquittal.

Example 4 – Mistaken Identity

Accuser believed she was assaulted in the dark by the accused.
Defense used forensic and digital evidence to show accused wasn’t present.
Result: Charge withdrawn.

Example 5 – Marital Infidelity Motive

Accuser feared spouse discovery and reported assault to avoid consequences.
Defense proved motive to fabricate.
Result: Not Guilty.

Example 6 – Incomplete SANE Exam Interpretation

SANE nurse misinterpreted minor tears as “assault indicators.”
Defense expert explained injuries occur in consensual sex.
Result: Acquittal.

Example 7 – Military Workplace Conflict

Accuser filed complaint during counseling or discipline action.
Defense showed retaliation motive.
Result: Not Guilty.

Example 8 – “Trauma Script” Coaching

Accuser’s narrative matched SAPR coaching materials word-for-word.
Defense exposed coaching influence.
Result: Case collapsed.

Example 9 – Digital Footprint Contradicts Accuser

Accuser claimed she was incapacitated but posted on social media during the encounter.
Result: Case dismissed.

Example 10 – Witness Testimony Favors the Accused

Third-party witness described the accuser as flirty, coherent, and affectionate.
Result: Acquitted.

The Survival Roadmap – From Allegation to Trial

Stage 1: First 24 Hours

• Say nothing.
• Call a civilian attorney immediately.
• Preserve all texts, photos, videos, and social media.
• Do not confront the accuser or witnesses.

Stage 2: During Investigation

• Do NOT give statements to CID/NCIS/OSI.
• Document your whereabouts and timeline.
• Provide your attorney digital evidence.
• Prepare long-term defense strategy.

Stage 3: Article 32 Hearing

• Expose contradictions and weaknesses.
• Lock in accuser testimony for trial cross-examination.
• Reveal flaws in investigation.

Stage 4: Trial Preparation

• Refine narrative.
• Prepare witnesses.
• Finalize expert testimony.
• Understand panel selection strategy.

Stage 5: Trial

• Deliver compelling, fact-driven defense.
• Dismantle accuser credibility respectfully, logically, and thoroughly.
• Challenge every assumption the government presents.

Collateral Consequences of Article 120 Allegations

Even before a conviction — even before charges — Article 120 allegations can derail a service member’s entire life. Understanding the full impact helps you prepare your defense, manage expectations, and protect your future.

1. Sex Offender Registration

If convicted of many Article 120 offenses, you will be required to register as a sex offender under federal and state law. This affects:

• Where you can live
• Your ability to work in many professions
• Your ability to travel
• Your family and reputation

Sex offender registration is often more devastating than the court-martial itself.

2. Loss of Military Career

An Article 120 conviction almost always results in:

• Dishonorable discharge (or Dismissal for officers)
• Loss of all retirement benefits (even if at 19+ years)
• Termination of career progression
• Inability to reenlist or obtain waivers

3. Loss of VA Benefits

A dishonorable discharge generally results in loss of:

• VA disability benefits
• VA healthcare
• GI Bill and tuition assistance
• VA home loan eligibility

4. Civilian Consequences

An Article 120 conviction becomes part of your permanent record. It affects:

• Background checks
• Professional licenses
• Government employment eligibility
• Security clearances
• Child custody cases

5. Reputation Damage

Even false allegations damage reputations. Military units often react harshly long before trial. Your attorney must address both the legal and reputational aspects of your defense.

Administrative Separation Even After Acquittal

The military can still take adverse action even if you are found not guilty at court-martial. This shocks many service members, but it is legal under current regulations.

You may face:

• Administrative separation boards
• Boards of Inquiry (BOIs) for officers
• GOMORs with permanent filing
• Relief for cause evaluations
• Bars to reenlistment
• Denied promotions

This is why your defense strategy must protect not only against conviction, but also against administrative consequences.

Security Clearance Impact

Sexual assault allegations — even unproven ones — jeopardize clearances. Expect:

• Immediate suspension in many cases
• Flagging in JPAS/DISS
• Periodic reinvestigation issues
• Post-trial adjudication problems

Your attorney should prepare a strategy to preserve eligibility, including mitigation and post-trial documentation.

Post-Trial Defense Strategy

If you are acquitted, the fight is not over. Your attorney must prepare:

• Retention strategy
• Administrative separation defense
• GOMOR rebuttals
• Career rehabilitation plan

If convicted, your attorney must prepare:

• Appeal to the service Court of Criminal Appeals
• Petition to the Court of Appeals for the Armed Forces (CAAF)
• Requests for clemency
• Sentence mitigation
• Sex offender registry mitigation planning
• Post-conviction relief petitions

A skilled attorney stays with you long after the verdict.

Discharge Upgrades and Record Corrections

If you receive an adverse discharge, you may later request:

• Discharge upgrade from BCMR/DRB
• Narrative reason changes
• Correction of military records
• Relief based on new evidence or injustice

Upgrades are difficult but possible — especially when trial errors or defective investigations are documented.

Massive Article 120 FAQ Section

Below is the most comprehensive list of Article 120 FAQ questions designed to rank in Google, SGE, and AI engines.

1. What is Article 120 UCMJ?

Article 120 covers sexual assault, abusive sexual contact, and certain consensual conduct criminalized by military law.

2. What should I do if accused of sexual assault?

Remain silent, do not talk to CID/NCIS/OSI, and contact a civilian attorney immediately.

3. Can I be prosecuted if the accuser was drunk?

Alcohol complicates consent but does not automatically eliminate it. The government must prove incapacity.

4. What if the accuser regrets the encounter?

Regret is one of the most common motives behind false allegations.

5. Do I need a lawyer before I am charged?

Yes. Your defense must begin immediately after the allegation.

6. How long do military sexual assault investigations take?

Often 6–18 months, sometimes longer depending on digital forensics and command pressure.

7. Will the command pressure investigators to charge me?

In many cases, yes. SAPR policies and political pressure influence prosecution.

8. Can I beat an Article 120 case with no physical evidence?

Yes. Most acquittals occur in cases with zero forensic evidence.

9. What is a mistake of fact defense?

You reasonably believed the other person consented.

10. Does the military always believe the accuser?

Investigators and prosecutors often begin by assuming guilt.

11. Will I go to jail?

Only if convicted — and many cases end in acquittal with the right defense team.

12. Should I cooperate with investigators to look innocent?

No. Cooperation harms more cases than it helps.

13. What happens at an Article 32 hearing?

The government’s case is tested and contradictions are exposed.

14. Do I get a jury?

Yes, but military panels are composed of officers and senior NCOs who may have biases.

15. Can texting after sex prove consent?

Often yes — it’s powerful evidence of normal behavior.

16. What if the accuser keeps changing their story?

Inconsistencies are central to your defense strategy.

17. What is the burden of proof for sexual assault?

Beyond a reasonable doubt — but investigations often ignore this standard.

18. Can the military punish me even if acquitted?

Yes, through administrative separation or reprimands.

19. Do I need expert witnesses?

Yes. Forensics, psychology, and toxicology often decide cases.

20. How important is my lawyer?

Critical. Your lawyer is the #1 factor influencing outcome.

21. Can consensual sex look like assault on a SANE exam?

Yes — injuries occur in consensual encounters too.

22. Can the government use my texts against me?

Absolutely — anything you say becomes evidence.

23. Will I lose my clearance?

Clearance may be suspended and later revoked depending on outcome.

24. Should I tell my commander what happened?

No. Commanders are mandatory reporters and may harm your case unintentionally.

25. Can I request a polygraph?

You can, but results are often inadmissible. Consult counsel.

26. What if there were witnesses at the party/bar?

Witness testimony is crucial — defense investigators must speak to them immediately.

27. What if the accuser files months later?

Delayed reporting often reflects regret, fabrication, or outside influence.

28. Can I be convicted even without any evidence?

Unfortunately, yes — testimony alone can lead to conviction. That makes defense strategy vital.

29. Can I negotiate a plea deal?

Possibly, but plea deals in Article 120 cases often carry severe penalties.

30. Should I hire a civilian military defense lawyer?

Yes. Civilian counsel provides independence, specialization, strategic depth, and trial experience unavailable within the JAG defense office.

Your Future Depends on the Strategy You Build Today

Article 120 cases are not routine criminal cases. They require sophisticated defense strategy, understanding of military culture, mastery of cross-examination, and the ability to expose flaws in biased investigations.
With experienced civilian defense counsel, many Article 120 cases can be won — even those the government believes are “strong.”

➤ Speak with an experienced civilian military defense lawyer about your Article 120 case.