Gonzalez & Waddington, Attorneys at Law represent service members worldwide facing sexual harassment allegations. A common question we hear: “Can harassment really lead to a court-martial?” The short answer is yes. While many harassment cases are handled through EO channels or administrative measures, certain allegations rise to the level of UCMJ criminal charges. This guide explains when harassment becomes court-martial material, the articles of the UCMJ commonly used, and how to defend yourself.

When Harassment Leads to Court-Martial

• Severe or repeated conduct: Persistent harassment that affects duty performance or unit climate.
• Rank abuse: Harassment tied to rank disparity, coercion, or quid pro quo pressure.
• Physical contact: Harassment involving unwanted touching or assault can escalate into Article 120 charges.
• Digital harassment: Sending explicit photos, messages, or “indecent conduct” under Article 120c.
• Retaliation cases: Harassment connected to reprisal or maltreatment of subordinates (Article 93).

UCMJ Articles Commonly Used

• Article 92: Failure to obey lawful orders or regulations (e.g., violating EO policies).
• Article 93: Cruelty, oppression, or maltreatment of subordinates.
• Article 117: Provoking speeches or gestures (offensive comments in certain contexts).
• Article 120c: Indecent conduct, indecent viewing, or exposure.
• Article 134: General article—conduct prejudicial to good order and discipline or service-discrediting.

How Harassment Court-Martials Work

1. Investigation: CID, OSI, NCIS, or CGIS may investigate harassment cases that appear criminal.
2. Preferral of charges: Commanders may formally prefer charges under one or more UCMJ articles.
3. Article 32 hearing: Preliminary hearing to determine if sufficient evidence exists to proceed to trial.
4. Court-martial: Trial before a military judge or panel; proof standard is beyond a reasonable doubt.
5. Sentencing: Punitive discharge, confinement, forfeitures, and reduction in rank are possible outcomes.

Consequences of Court-Martial for Harassment

• Punitive discharge: Dishonorable discharge or dismissal for officers.
• Confinement: Length depends on charges (often months to years).
• Sex offender registration: Required if charged under certain provisions like Article 120c.
• Loss of benefits: GI Bill, VA benefits, and retirement eligibility.
• Permanent stigma: Federal conviction and lifelong reputational damage.

Defense Strategies

• Context: Show mutual joking, consensual interactions, or cultural misinterpretation.
• Credibility attacks: Expose contradictions, biases, or motives of the complainant.
• Digital forensics: Challenge the authenticity and completeness of texts, DMs, or emails.
• Character defense: Use evaluations, awards, and testimony to show professionalism.
• Reasonable doubt: Highlight gaps in government proof to show the allegations don’t meet the criminal standard.

Mistakes That Lead to Court-Martial Convictions

• Talking to investigators without counsel and making damaging admissions.
• Deleting digital evidence that could prove context.
• Failing to rebut administrative findings early, letting them snowball into criminal charges.
• Assuming harassment cannot result in jail time.

Defense Framework for Harassment Court-Martials

1. Identify which UCMJ article is being charged (92, 93, 117, 120c, 134).
2. Analyze the government’s digital and testimonial evidence.
3. Present full context and challenge intent.
4. Use cross-examination to dismantle credibility of witnesses.
5. Build a strong character defense with evaluations and testimony.

Video: Court-Martials for Sexual Harassment Explained

Don’t Let Harassment Allegations Become Criminal Charges

Harassment cases can escalate quickly into criminal charges under the UCMJ. Our firm uses forensic analysis, strategic cross-examination, and aggressive defense to protect service members from career-ending convictions.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: Court-Martials for Harassment