Gonzalez & Waddington – Attorneys at Law

CALL NOW 1-800-921-8607

Article 134 UCMJ Sexual Harassment

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 134 UCMJ Sexual Harassment? Call our experienced Sexual Harassment military defense lawyers at 1-800-921-8607 for a free consultation.

“Your career, reputation, and even your freedom hang in the balance. A single misstep could derail everything you’ve worked for. This isn’t just a legal matter; it’s a fight for your future.” (Michael Waddington, Military Defense Lawyer).

Note: This law applies only to Article 134 UCMJ Sexual Harassment offenses allegedly committed on or after 26 January 2022.

What is Article 134 UCMJ Military Sexual Harassment?

Article 134 UCMJ Sexual HarassmentArticle 134 UCMJ Sexual Harassment addresses military sexual harassment, which includes wrongfully and knowingly sending obscene materials via mail. Convictions can result in severe penalties such as dishonorable discharge, confinement, and forfeiture of pay. The consequences extend beyond immediate penalties, potentially affecting one’s military career, personal life, and future opportunities.

Anyone accused under Article 134 UCMJ should seek the best military defense lawyers to navigate these serious charges. Experienced Article 134 UCMJ lawyers can build a robust defense, scrutinize evidence, and protect the accused’s rights and future.

Accusations of sexual harassment under Article 134 UCMJ are grave and can lead to long-term repercussions, including a federal felony record and significant personal and professional setbacks. An accused person must seek legal assistance from experienced military defense lawyers who understand the complexities of military law. These lawyers can ensure a fair trial, challenge the prosecution’s case, and strive for the best possible outcome for the accused.

What are the Elements of Article 134 UCMJ Sexual Harassment?

  • That, (state the time and place alleged), the accused knowingly (made sexual advances) (made demands for sexual favors) (made requests for sexual favors) (engaged in conduct of a sexual nature), to wit: __________,
  • That such conduct was unwelcome;
  • That, under the circumstances, such conduct:
    • would cause a reasonable person to believe, and a certain person, namely (state the person alleged), did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits, or entitlements; or
    • would cause a reasonable person to believe, and a certain person, namely state the person alleged), did believe, that submission to or rejection of, such conduct would be used as a basis for decisions affecting that persons’ job, pay, career, benefits, or entitlements; or
    • was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person, namely (state the person alleged), did perceive, an intimidating, hostile, or offensive working environment; and
  • That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces) Manual for Courts-Martial, United States (2024 ed.)

What are the Maximum Punishments for Article 134 UCMJ Sexual Harassment?

For Article 134 UCMJ Sexual Harassment offenses committed between 26 Jan 2022 and 27 Dec 2023:

  • 2 Years of Confinement
  • Dishonorable Discharge, BCD, Dismissal
  • Total Forfeitures
  • Reduction to E-1
  • Collateral Consequences of a Federal Felony Conviction

For Article 134 UCMJ Sexual Harassment offenses committed after 27 Dec 2023

  • Under the Sentencing Parameters, Article 134 UCMJ Sexual Harassment is a Category 2 Offense
  • Mandatory confinement ranges from 1-36 months (1 month to 3 years)
  • Dishonorable Discharge, BCD, Dismissal
  • Total Forfeitures
  • Reduction to E-1
  • Collateral Consequences of a Federal Felony Conviction
  • Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

Collateral Consequences of a Federal Conviction

  • Employment will be severely limited (many employers won’t hire a convict)
  • Inability to enroll in college, university, or trade school
  • Loss of GI Bill
  • Loss of military career
  • Loss of retirement benefits.
  • Loss of VA benefits.
  • Loss of medical benefits.
  • Loss of spouse, family members, and friends
  • Loss of income while in jail
  • Mental, physical suffering before and after prison
  • Ineligibility for public benefits, such as food stamps
  • Ineligibility for government-sponsored student loans and grants;
  • Restrictions on certain types of employment or occupational licenses;
  • Ineligibility to provide foster care to minor family members
  • Prohibitions on working with children
  • Loss of professional license or certification
  • Limitations on adoption or foster care

Sample Specification for Article 134 UCMJ Sexual Harassment

In that SGT Ryan Long, US Air Force, did, at or near Eglin AFB, Florida, on or about 3 March 2024, knowingly make sexual advances, to wit by saying to Jane Victim, “You have a nice fat ass, I want you to sit on my lap,” or words to that effect;  that such conduct was unwelcome; and under the circumstances would cause a reasonable person to believe, and Jane Victim did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits or entitlements; and that such conduct was to the prejudice of good order and discipline in the armed forces.

Model Specification for Article 134 UCMJ Sexual Harassment

In that __________ (personal jurisdiction data), did, (at/on board location), on or about __________, knowingly (make sexual advances) (demand or request sexual favors) (engage in conduct of a sexual nature), to wit (by saying to (state name of person to whom comment made), “__________,” or words to that effect) (by __________);

that such conduct was unwelcome; and under the circumstances (would cause a reasonable person to believe, and __________ did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits or entitlements) (would cause a reasonable person to believe, and __________ did believe, that submission to, or rejection of, such conduct would be used as a basis for career or employment decisions affecting __________) (was so severe, repetitive, or pervasive that a reasonable person would perceive, and __________ did perceive, an intimidating, hostile, or offensive working environment);

and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).

What are the Definitions for Article 134 UCMJ Sexual Harassment?

Whether “other conduct” is “of a sexual nature” in Article 134 UCMJ Sexual Harassment case is dependent upon the circumstances of the act or acts alleged and may include that, without context, would not appear to be sexual in nature.)

A “certain person” in Article 134 UCMJ Sexual Harassment cases extends to any person, regardless of gender or seniority, and regardless of whether subject to the UCMJ, who by some duty or military-related reason may work or associate with the accused.

The belief or perception of the “certain person” may be satisfied by such a belief or perception being formed at any time; the belief or perception need not be formed contemporaneously with the actions that gave rise to that belief or perception.

The act constituting sexual harassment can occur at any location, regardless of whether the victim or accused is on or off duty at the time of the alleged act or acts. Physical proximity is not required; the acts may be committed online or electronically.

The accused must have actual knowledge that he or she is (making a sexual advance) (making a demand for sexual favors) (requesting sexual favors) (or engaging in conduct of a sexual nature). Actual knowledge is not required for the other elements of the offense.

“Conduct prejudicial to good order and discipline” in Article 134 UCMJ Sexual Harassment cases is conduct that causes a reasonably direct and obvious injury to good order and discipline.

“Service discrediting conduct” in Article 134 UCMJ Sexual Harassment cases is conduct that tends to harm the reputation of the service or lower it in public esteem.)

Instruction 7-3, Circumstantial Evidence (Knowledge), ordinarily applies to Article 134 UCMJ Sexual Harassment cases.

Article 134 UCMJ Sexual Harassment Military Defense Lawyers

Military sexual harassment is a grave concern within the armed forces, affecting the well-being and careers of many service members. Under the Uniform Code of Military Justice (UCMJ), Article 134 specifically addresses conduct that is prejudicial to good order and discipline or brings discredit upon the armed forces, including sexual harassment. Understanding the implications of Article 134 UCMJ and seeking legal representation is crucial for anyone accused of this offense.

Understanding Article 134 UCMJ Sexual Harassment

Article 134 UCMJ is the “General Article” and serves as a catch-all provision for offenses not explicitly covered by other articles. It encompasses various acts that are detrimental to the military environment, including sexual harassment. Article 134 UCMJ Sexual Harassment can involve unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment.

The UCMJ outlines two main elements for an act to fall under Article 134:

  1. Prejudicial to Good Order and Discipline: Conduct that undermines military units’ morale, discipline, and cohesion.
  2. Service-Discrediting Conduct: Actions that tarnish the armed forces’ reputation in the public’s eyes.

Consequences of Military Article 134 UCMJ Sexual Harassment

Accusations of Article 134 UCMJ Sexual Harassment in the military are taken very seriously due to their potential to disrupt unit cohesion and damage the integrity of the armed forces. Consequences for those found guilty under Article 134 can include:

  • Confinement: Depending on the severity of the offense, the accused may face a significant period of confinement.
  • Dishonorable Discharge: A conviction can result in a dishonorable discharge, which ends the individual’s military career and strips them of veterans’ benefits.
  • Forfeiture of Pay and Allowances: The accused may lose their pay and allowances, causing financial hardship.
  • Reputation Damage: Beyond legal penalties, the accused may suffer lasting damage to their personal and professional reputation.

Importance of Legal Representation in Article 134 UCMJ Sexual Harassment Cases

Given the severe repercussions of a sexual harassment accusation under Article 134 UCMJ, it is imperative to seek legal representation from the best military defense lawyers. Here’s why:

  1. Complexity of Military Law: The UCMJ and the military justice system have unique procedures and rules that differ significantly from civilian law. A lawyer well-versed in military law can effectively navigate these complexities.
  2. Investigation and Evidence: Article 134 UCMJ Sexual Harassment cases involve extensive investigations and evidence collection. Skilled military defense lawyers can scrutinize the evidence, identify procedural errors, and build a strong defense.
  3. Protecting Rights: Ensuring the accused’s rights are protected throughout the legal process is crucial. A proficient lawyer can prevent due process violations and advocate for the accused.
  4. Mitigating Penalties: Even if a conviction of Article 134 UCMJ Sexual Harassment is unavoidable, experienced defense lawyers can work to mitigate the penalties, aiming for lesser charges or reduced sentences.

Defense Strategies in Article 134 UCMJ Sexual Harassment Cases

Experienced Article 134 UCMJ Sexual Harassment defense lawyers employ various defense strategies to protect their clients, such as:

  • Challenging the Credibility of Witnesses: Questioning the reliability and motives of witnesses can be crucial in weakening the prosecution’s Article 134 UCMJ Sexual Harassment case.
  • Demonstrating Lack of Intent: Proving that the accused did not intend to harass is a vital aspect of the defense.
  • Highlighting Procedural Errors: Identifying and exploiting procedural mistakes made during the investigation can lead to the dismissal of charges or a more favorable outcome.

Court Martial Lawyers for Article 134 UCMJ Sexual Harassment Cases

Article 134 UCMJ Sexual Harassment court martial attorneysAccusations of military sexual harassment under Article 134 UCMJ are serious and can have life-altering consequences. The accused must seek immediate legal assistance from the best military defense lawyers to ensure a fair trial and protect their future.

The complexities of military law and the high stakes involved necessitate a robust defense strategy, making experienced Article 134 UCMJ sexual harassment defense lawyers invaluable in such cases. By securing skilled legal representation, service members can navigate the challenging legal landscape and strive for the best possible outcome in their cases.

If you are suspected or accused of Article 134 UCMJ Sexual Harassment, speak with one of our experienced military court martial lawyers to discuss your case.

Overall Reporting Data

“The Department received a total of 166 sexual assault reports that involved cadets/midshipmen/prep students as victims and/or alleged perpetrators in APY 22-23—a decrease of 40 reports from the previous APY.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8
“Of the total 166 reports, 65 were Unrestricted Reports, and 101 were Restricted Reports.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8
“137 reports involved an actively enrolled cadet or midshipman at the time of the incident and/or report.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 9

Demographics and Trends

“Most victims in investigations of Unrestricted Reports are female (91 percent), and most subjects are male (86 percent).” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18
“The majority of victims and subjects are between ages 16 and 24 (87 percent of victims and 72 percent of subjects).” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18
“30 of the 50 criminal investigations initiated during APY 22-23 were completed in the same academic program year.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 14

Military Justice Outcomes

“By the end of APY 22-23, MSAs had completed disposition information for 60 subjects.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15
“9 subjects had court-martial charges preferred, 1 subject received nonjudicial punishment, and 4 subjects received an adverse administrative discharge.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 16
“In APY 22-23, there were 121 initial Restricted Reports of sexual assault, of which 20 converted to Unrestricted Reports.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

Prevalence and Reporting of Article 134 UCMJ Sexual Harassment

“The 2022 SAGR survey estimated that about 1,136 cadets and midshipmen may have experienced some form of unwanted sexual contact (USC) in APY 21-22.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 13
“DoD estimated that the reporting rate in APY 21-22 was about 14 percent, meaning that 14 percent of those who experienced USC made an official report.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 14
“Reports of sexual assault made to DoD authorities provide only partial insight into the overall occurrence of alleged sexual assault at the MSAs.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 13

Key Statistics on Article 134 UCMJ Sexual Harassment

“In APY 22-23, there were a total of 166 reports of sexual assault involving academy students—a 19 percent decrease from the previous year.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8
“Of the 166 total reports, 65 were Unrestricted Reports and 101 were Restricted Reports.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8
“137 reports involved actively enrolled cadets or midshipmen, a decrease from 170 in the previous academic year.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 9
“Among the 65 Unrestricted Reports, 31 involved an academy student alleging sexual assault by another academy student.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15
“Most victims in investigations of Unrestricted Reports are female (91 percent), while most subjects are male (86 percent).” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18
“The age group 16-24 accounts for 87 percent of victims and 72 percent of subjects in completed investigations.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18
“The estimated number of cadets and midshipmen experiencing unwanted sexual contact in APY 21-22 was 1,136.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 13
“In APY 22-23, there were 121 initial Restricted Reports, of which 20 converted to Unrestricted Reports.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18
“30 criminal investigations initiated in APY 22-23 were completed within the same academic year.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 14
“By the end of APY 22-23, disposition information was completed for 60 subjects involved in sexual assault investigations.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

Quotes and Statistics from DoD Annual Report on Sexual Assault in the Military for FY2022

Number of Reports of Article 134 UCMJ Sexual Harassment

“The Department received 8,942 reports of sexual assault involving Service members as victims and/or subjects in FY 2022, an increase of one percent from the 8,866 reports received in FY 2021. Of the 8,942 reports, 5,941 were Unrestricted Reports of sexual assault and 3,001 were Restricted Reports at the end of the year.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 2

Command Actions and Article 134 UCMJ Sexual Harassment

“The Military Departments reported case outcomes (dispositions) for 3,928 cases in Fiscal Year 2022. Of those 3,928 cases, military commanders had sufficient authority and/or jurisdiction to consider 3,188 cases for possible action against the accused. Commanders had sufficient evidence to take disciplinary action in 66 percent of accused members’ cases.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 3

Support for Victims of Article 134 UCMJ Sexual Harassment

“The Department continued to make progress in establishing guidance and infrastructure for a dedicated, integrated, and competent prevention workforce. The Department created a model for a primary prevention workforce and developed a professional credential for prevention workforce members. Ongoing training and professional development for SHARP personnel are essential to providing effective support to victims.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 2, p. 5, p. 65

Impact on Readiness of Article 134 UCMJ Sexual Harassment

“Sexual assault and sexual harassment remain persistent challenges across the Military Services. It is for this reason the Secretary of Defense took immediate action to reduce these harmful behaviors. Retention of skilled personnel is negatively impacted when victims of sexual assault and harassment do not feel supported. A permissive environment for sexual assault and sexual harassment undermines the core values and discipline of the military.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 7, p. 48, p. iii

Prevention and Response Initiatives for Article 134 UCMJ Sexual Harassment

“The Department continues to implement historic reforms to fundamentally change how sexual assault is addressed in the military. In FY21, the Department released the Men’s SAPR Communication Campaign to increase awareness that men are victims of sexual assault and encourage men who experience sexual assault to access resources and support. Regular audits and assessments are necessary to maintain the integrity and effectiveness of the SHARP program.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 10, p. 9, p. 72

Prosecution of Sexual Assault

“The Military Departments prosecuted 509 court-martial cases that included at least one sexual assault charge. Of the cases prosecuted, 328 resulted in convictions for at least one charge of sexual assault.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 29

Prosecution of Rape

“In FY2022, there were 136 court-martial cases where the charge was rape. Of these cases, 97 resulted in a conviction for at least one charge of rape.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 30

Prosecution of Article 134 UCMJ Sexual Harassment

“The Department has increased efforts to prosecute sexual harassment under the Uniform Code of Military Justice. In FY2022, 74 cases were prosecuted for sexual harassment, with 52 resulting in convictions.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 32

Special Trial Counsel and Article 134 UCMJ Sexual Harassment

“Legislation in the Fiscal Year 2022 and 2023 National Defense Authorization Acts required the establishment of Offices of Special Trial Counsel in the Army, Navy, Marine Corps, and Department of the Air Force. These offices are responsible for the prosecution of sexual assault and related crimes.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 5

Conviction Rates of Article 134 UCMJ Sexual Harassment

“The conviction rate for court-martial cases involving sexual assault charges was 64% in FY2022, highlighting the challenges in securing convictions in these cases despite the increased focus on prosecution.” DoD Annual Report on Sexual Assault in the Military, FY2022, p. 31
Skip to content