Article 120b UCMJ Child Sexual Assault Allegations FAQs
Overview
Article 120b of the Uniform Code of Military Justice covers sexual offenses involving a child and is one of the most aggressively investigated charges in the armed forces. Allegations often trigger immediate command actions, intensive interviews, and parallel investigations by law enforcement and child-protection personnel. Service members facing these accusations must understand the processes and possible outcomes before making any statements. For general information on military justice resources, the official Navy JAG Corps site provides an overview of command legal support.
Frequently Asked Questions
What does Article 120b cover under the UCMJ?
Article 120b covers sexual assault, sexual abuse, and other prohibited sexual conduct involving a child. The age of the alleged victim and the nature of the conduct determine the specific charge. Conviction carries significant penalties including confinement, punitive discharge, and sex offender registration. Early legal advice is critical because statements made during the investigation can define the case.
How quickly can an investigation begin after an allegation?
Investigations often begin the same day a report is made. Commanders typically notify military law enforcement who may involve outside agencies when required. The speed of the process can catch a service member off guard, and declining to provide statements until speaking with counsel is allowed. The initial interview phase often shapes the rest of the case.
Do I have to speak with law enforcement if accused?
Service members have the right to remain silent and to consult counsel before any questioning. Exercising this right cannot legally be used against you. Investigators often attempt to build rapport to obtain statements that may later be used at trial. Legal counsel can advise whether any communication is appropriate.
Can digital evidence be used in Article 120b cases?
Yes, digital evidence such as messages, search histories, and images is routinely collected and analyzed. Investigators may seize personal devices to examine potential communications with the alleged victim. Service members should not alter or delete content on their devices after learning of an investigation. Digital forensics often plays a major role in charging decisions.
What happens if the allegation comes from a family member or dependent?
Commands take all allegations involving dependents seriously and usually refer them to investigators immediately. These cases may involve both military and civilian child-protection personnel. A service member may face temporary no-contact orders or removal from the home. Legal counsel can help address these collateral issues.
Can a case proceed without physical evidence?
Yes, Article 120b cases often proceed based solely on statements from the alleged victim. Military prosecutors may rely heavily on interviews and behavioral evidence. A defense strategy may require thorough review of timelines, witness accounts, and prior statements. Gonzalez & Waddington frequently address credibility issues in these cases.
What if the allegation is based on a misunderstanding?
Misunderstandings or misinterpretations can still trigger a full investigation. Investigators tend to assume allegations are credible until proven otherwise. Early legal guidance helps identify whether clarifying information should be submitted or withheld. Counsel can also assess whether the allegation fits the legal elements of Article 120b.
What administrative actions can happen during the investigation?
A service member may face administrative reassignment, loss of duties, or temporary suspension of access. Commands may also issue orders restricting contact with minors. These actions occur even before charges are filed. A lawyer can help mitigate administrative consequences while the investigation continues.
How does a court-martial for Article 120b operate?
A court-martial for Article 120b follows a structured process that includes preferral of charges, an Article 32 preliminary hearing, and potential referral to a general court-martial. The government must prove every element beyond a reasonable doubt. Defense counsel can challenge the evidence through motions, expert testimony, and cross examination. Gonzalez & Waddington have litigated these cases at installations worldwide.
Can a service member be separated even if not convicted?
Yes, administrative separation proceedings can occur regardless of the court-martial outcome. The standard of proof for separation is lower than in a criminal trial. Boards may rely on evidence that would be inadmissible at court-martial. Timely legal representation is necessary to protect a service member’s career and benefits.
Related Military Defense Resources
Service members facing Article 120b allegations often deal with parallel investigations and complex administrative actions. Additional guidance is available through resources that explain investigative procedures and defense strategies. For further reading, consider information on defending against military sex crime allegations and the detailed overview of Article 120 sexual assault court-martial defense. Guidance on investigative rights is also available through military investigation rights.
When to Get Legal Help
Legal help should be obtained as soon as a service member learns about an investigation, even before speaking with law enforcement or the command. Early advice often prevents avoidable mistakes that influence charging decisions. Civilian defense counsel can coordinate with military counsel and help manage interactions with investigators and command authorities.
TLDR Short Answer
Article 120b allegations involve serious claims of sexual misconduct with a child and can quickly lead to aggressive investigative and command actions. Service members should avoid making statements before consulting a lawyer because early decisions often shape the case. Gonzalez & Waddington are experienced civilian military defense lawyers with extensive UCMJ trial backgrounds, national teaching experience, and published work on military justice. Early legal guidance helps protect rights, preserve evidence, and manage interactions with investigators. Contact Gonzalez & Waddington at 1-800-921-8607 for confidential guidance.
Bottom Line from Experienced Military Defense Lawyers
Article 120b allegations carry severe legal and career consequences, and early decisions in the investigation can have lasting effects. Understanding rights and obtaining counsel promptly helps service members make informed choices and avoid irreversible errors. For guidance from experienced civilian military defense lawyers, contact Gonzalez &Waddington at 1-800-921-8607.
