In today’s military environment, accusations of sexual assault and related crimes can significantly impact the careers and lives of servicemembers. Among the various articles under the Uniform Code of Military Justice (UCMJ), Article 120b specifically addresses sexual assault involving contact or actions that include any form of unwanted or inappropriate sexual touch. For military servicemembers, navigating an Article 120b UCMJ case can be daunting and overwhelming, both legally and emotionally.
Imagine serving your country with pride, only to suddenly find yourself facing severe allegations that could end your military career and tarnish your reputation. With approximately 6,300 reports of sexual assault in the military each year, according to the Department of Defense’s 2022 report, it’s critical for members of the Armed Forces and their families to understand their rights and the steps they can take when confronted with such situations.
What Is Article 120b UCMJ?
Article 120b of the UCMJ involves acts of sexual contact. Specifically, it criminalizes conduct that includes:
- Engaging in sexual contact with another person without that person’s consent.
- Using force, coercion, or the threat of force.
- Engaging in sexual contact with someone who is incapacitated or unable to consent due to a physical or mental condition.
Being accused under Article 120b can lead to serious consequences, such as a court-martial, imprisonment, and significant administrative actions, including potential discharge.
Understanding the Potential Consequences
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Criminal Penalties: A conviction under Article 120b can result in imprisonment for years, fines, and dismissal from service.
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Reputation Damage: Facing accusations, even without a conviction, can harm one’s career and reputation—impacting promotions, assignments, and personal relationships.
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Administrative Actions: The impact extends beyond court martial consequences. Administrative actions might include letters of reprimand, reductions in pay grade, and dishonorable discharges that affect veterans’ benefits and job prospects.
What Steps Should You Take If You Are Under Investigation?
If you find yourself facing accusations under Article 120b UCMJ, it’s essential to respond appropriately. Here are actionable steps you can take:
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Consult a Military Defense Lawyer: Hiring a qualified military defense lawyer as soon as possible will help you navigate the legal intricacies and defend your rights effectively. A civilian defense lawyer with experience in military cases can provide an additional layer of expertise.
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Do Not Speak Without Counsel: Anything you say can be used against you. Avoid making statements to investigators or anyone else until you have legal representation.
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Gather Evidence: Document everything related to the allegation, including communications, witnesses, and other relevant materials that can support your defense.
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Prepare for Your Defense: Work closely with your military attorneys to understand the charges and develop a strategy tailored to your case.
Frequently Asked Questions About Article 120b UCMJ Cases
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What does "consent" mean in the context of Article 120b?
Consent must be mutual, voluntary, and informed. Under the UCMJ, the absence of consent must be proven by the prosecution. -
How can I challenge an accusation under Article 120b?
Your defense may include demonstrating that consent was given, challenging the credibility of the accuser, or presenting an alibi through solid evidence and witness testimonies. -
Can I pursue a civilian option for representation?
Yes. A civilian military defense lawyer can be vital in guiding you through both UCMJ processes and civil law matters. -
What are the penalties if convicted under Article 120b?
Conviction can lead to up to 15 years of imprisonment, a dishonorable discharge, and limitations on future employment opportunities.
The Role of Military Attorneys in Your Defense
Military attorneys are trained to navigate the complexities of military law, especially in sensitive cases such as those involving Article 120b. They understand the unique legal framework and can make sure that your rights are protected throughout investigations and proceedings.
Key Features of Military Attorneys:
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Experienced in Military Regulations: They possess knowledge of military doctrines, the UCMJ, and relevant procedural rules that govern court-martial cases.
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Grounded in the Military Environment: They appreciate the culture and environment of military service, which may stand in stark contrast to civilian legal situations.
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Availability Across Branches: Military attorneys specialize in all branches of the Armed Forces and often handle cases involving various forms of conduct that can lead to disciplinary actions.
What to Expect During a Court-Martial for Article 120b UCMJ
If you face a court-martial under Article 120b, here’s what to anticipate:
- Investigation: An inquiry will be conducted, typically by CID, OSI, or NCIS, depending on your branch.
- Pre-Trial Confinement: Depending on the seriousness of the accusations, you may be subjected to pre-trial confinement.
- Hearings: Several pre-trial meetings (including Article 32 investigations) can take place to determine the validity of the accusations.
- Trial: If the case goes to trial, evidence will be presented, and you’ll have an opportunity to present a defense, with your military attorneys guiding you through each step.
Tips for Strengthening Your Defense
Here are additional ways to prepare for a potential court-martial:
- Understand the Prosecution’s Burden of Proof: They must prove, beyond a reasonable doubt, that the accused committed the offense.
- Witness Preparation: Coordinating with your legal team to prepare witnesses who can testify on your behalf.
- Character Witness Statements: Having individuals present character references to help reinforce your credibility.
The Importance of Specialized Legal Representation
After facing allegations or investigation under Article 120b UCMJ, the stakes are incredibly high for military servicemembers. It’s critical to engage legal professionals who specialize in military law, particularly those familiar with court-martial procedures.
How to Choose the Right Military Defense Lawyer
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Experience: Look for a lawyer who has handled cases specifically involving Article 120b and related military sexual assault allegations.
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Reputation: Research their reputation among servicemembers and verify positive reviews and testimonials.
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Communication: Ensure they provide clear and direct communication regarding your case and explain legal terms in understandable language.
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Strategy Development: A good lawyer will create a strong, individualized defense strategy to counter all accusations thoroughly.
Conclusion
Facing an Article 120b UCMJ case is a serious matter that requires immediate attention and professional guidance. Understanding the law, your rights, and the potential defenses available are critical steps to protect your military career, reputation, and future.
If you or a loved one is facing legal issues in the military, contact Gonzalez & Waddington, Civilian Military Defense Lawyers, at 1-800-921-8607 for a free consultation. Our experienced team represents servicemembers worldwide.
For more information on military legal guidelines, you can visit U.S. Department of Defense.
Your military career is valuable. Be proactive and protect your rights with the best legal representation available.
