What is Article 120b of the UCMJ?

Article 120b criminalizes sexual offenses committed against a minor who has not attained the age of 16.
This includes rape of a child, sexual assault of a child, lewd acts, and touching with sexual intent.
The government must prove beyond a reasonable doubt that the accused knowingly committed a sexual act or contact with someone under 16.

What qualifies as a “lewd act” with a child under Article 120b?

A lewd act may include intentionally exposing one’s genitals to a child, causing a child to expose their genitals,
communicating sexual content to a child, touching a child with sexual intent, or causing a child to touch themselves or another person in a sexual manner.
Text messages, photos, videos, and social media communication may be used as evidence.

Does the minor’s consent matter in Article 120b cases?

Legally, no.
Under Article 120b, a child under 16 cannot consent to sexual activity.
Even if the child initiated contact or lied about their age, the accused may still face court-martial.

How does an Article 120b investigation usually begin?

Most investigations start with:

• A report by a parent or guardian
• A school official or counselor contacting authorities
• A medical provider reporting alleged physical findings
• A child making a disclosure during a forensic interview
• Digital evidence discovered by a family member or service member

Once reported, CID, NCIS, OSI, or CGIS typically launches a full criminal investigation.

What law enforcement agencies handle Article 120b cases?

Depending on the service branch, these agencies investigate:

• CID – Army
• NCIS – Navy & Marine Corps
• OSI – Air Force & Space Force
• CGIS – Coast Guard

Civilian police may also be involved if the alleged conduct occurred off-base or involved a civilian child.

Will investigators seize my phone, laptop, or electronic devices?

Almost always.
Digital forensics is central to Article 120b cases.
Agents often obtain search authorizations for:

• Phones
• Laptops
• Gaming devices
• Cloud accounts
• Messaging apps

Even deleted content may be recoverable.

Should I talk to law enforcement if I’m accused of abusing a child?

In most cases, no.
The accused often makes damaging statements because they panic or try to explain misunderstandings.
Politely invoke your right to remain silent and request a lawyer.
Anything you say can be used against you — even innocent statements.

How important is the child’s forensic interview?

Extremely important.
Child forensic interviews are often the prosecution’s key evidence.
However, these interviews can be flawed due to:

• Suggestive questioning
• Repeated interviewing
• Coaching or influence by adults
• Memory contamination

A skilled defense lawyer scrutinizes the interview process line by line.

What if the allegation came from a custody dispute, divorce, or family conflict?

It is common for false or exaggerated allegations to arise from:

• Custody battles
• Step-parent conflicts
• Disciplinary issues at home
• Retaliation or anger
• A child misinterpreting adult behavior

These motives can be exposed through careful investigation and cross-examination.

What are the maximum penalties for Article 120b offenses?

Penalties vary by offense, but may include:

• Decades of confinement
• Dishonorable discharge
• Permanent federal conviction
• Mandatory sex offender registration
• Total loss of retirement and benefits
• Lifetime employment and residency restrictions

Article 120b carries some of the harshest punishments in the UCMJ.

Can I be separated or punished even without a conviction?

Yes.
Even if the case does not proceed to trial, a command may initiate:

• An administrative separation board
• A Board of Inquiry
• Adverse administrative actions
• Loss of promotion opportunities

The military may act aggressively even without proof.

Do child sexual abuse cases require expert witnesses?

Often, yes.
Experts may be used for:

• Child psychology
• Memory science
• Suggestive questioning analysis
• Digital forensics
• Medical or SANE findings

A strong defense often uses experts to challenge assumptions that the government presents as fact.

What if the child’s story changed multiple times?

Inconsistencies are common in child statements, but prosecutors often explain them as “normal.”
The defense can strategically highlight:

• Contradictions
• Motive to lie
• Influence from adults
• Coaching or suggestive questioning

These weaknesses can be powerful in front of members.

What role does medical evidence play in Article 120b cases?

Medical findings rarely confirm or disprove abuse.
Most exams show no physical injury — which prosecutors may claim is “normal,” while the defense uses this to show lack of evidence.

What is the biggest mistake service members make in these cases?

Trying to explain themselves to:

• Investigators
• Family members
• The alleged victim’s parents
• Their chain of command

These statements often become the prosecution’s strongest evidence.

How long do Article 120b cases normally take?

Many take 6–18 months due to:

• Digital forensic processing delays
• Multiple interviews
• Expert analysis
• Scheduling constraints

During this time, service members may face restrictions, stigma, and career setbacks.

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

Most accused service members hire civilian counsel because:

• Their career and freedom are at stake
• These cases require deep experience with child-witness litigation
• Military counsel often carry heavy caseloads
• Civilian counsel can commit far more time and resources

This is not the type of case to navigate without specialized representation.

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

Our firm has defended child sexual abuse allegations across the world, including:

• Germany
• Italy
• Korea
• Japan
• Bahrain
• Fort Hood, Fort Bragg, Fort Campbell, and dozens more

We are known for dismantling unreliable child testimony, challenging flawed investigations,
and exposing the biases and assumptions that often drive these cases.

What experience does Gonzalez & Waddington have with defending allegations involving minor victims?

Michael Waddington and Alexandra Gonzalez-Waddington have handled some of the toughest Article 120b and Article 134 child-sex-related trials in the military.
Their courtroom strategies, cross-examination techniques, and expert-driven defenses have resulted in acquittals and case dismissals across multiple branches and continents.

Can a case be won even when a child makes a clear accusation?

Yes.
Credibility analysis, improper interviewing techniques, adult influence, and lack of corroboration can all raise reasonable doubt.
Members often understand that children can be mistaken, influenced, or led into believing things that did not happen.

What should I do right now if I’m under investigation for an Article 120b offense?

• Do not talk to investigators or command
• Do not attempt to discuss the allegation with the child or parents
• Preserve electronics and do not delete anything
• Do not try to explain yourself to anyone
• Contact a civilian military defense lawyer immediately

Early legal strategy can dramatically influence the outcome.