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Defending Against Article 120 UCMJ Allegations at White Sands Missile Range: What You Need to Know

Defending Against Article 120 UCMJ Allegations at White Sands Missile Range: What You Need to Know

Facing a criminal accusation while serving in the military can be one of the most challenging and life-altering experiences a service member might encounter. Particularly, allegations under Article 120 of the Uniform Code of Military Justice (UCMJ)—which deals with sexual assault and related offenses—carry severe consequences that can derail careers, reputations, and personal lives. If you or a loved one are stationed at White Sands Missile Range in New Mexico and are confronted with such allegations, understanding the military justice system and having a skilled defense attorney by your side is critical.

Understanding the Military’s Aggressive Stance on Sexual Assault

Michael Waddington, a criminal defense attorney with over 20 years of experience defending military personnel, emphasizes that the military is currently waging a war on sexual assault. This means prosecution teams are not only zealous but also well-funded and highly trained to seek convictions. The military justice system has evolved to prioritize victims’ rights, making it a challenging environment for those accused.

New laws enacted in December 2023 have introduced a victim-centered approach to military justice. While this approach was designed to ensure victims receive justice and support, it also means that allegations are often believed from the outset without rigorous scrutiny of their credibility. This shift can put accused service members at a significant disadvantage, as evidence disproving an allegation might be overlooked, and false or exaggerated claims may go unpunished.

What Does Article 120 of the UCMJ Cover?

Article 120 is a pivotal part of the UCMJ, addressing sexual assault, rape, sexual harassment, and related offenses in the military. The article includes several subsections that cover various types of sexual misconduct:

  • Article 120a — Sexual assault
  • Article 120b — Rape and sexual assault of a child
  • Article 120c — Other offenses related to sexual acts

Given the seriousness of these charges, anyone accused under Article 120 faces not only the possibility of a court-martial but also administrative actions that could end their military career.

The New Victim-Centered Military Justice System: Implications for the Accused

The shift towards a victim-centered system means that the military justice process begins with the presumption of belief in the accuser’s claims. Law enforcement and prosecutors are trained to “start by believing,” which effectively places the accused in a position where they must prove their innocence against a backdrop of assumed guilt.

This approach, while aimed at supporting victims and encouraging reporting, raises significant concerns about fairness and due process. Service members accused of crimes may find themselves facing relentless prosecution efforts, with little initial consideration given to their side of the story or evidence that challenges the allegations.

Additionally, even in cases where evidence is lacking or innocence is clear, accused individuals may still face court-martials, administrative separation boards, or negative administrative actions such as letters of reprimand. The military’s focus on accountability and zero tolerance for sexual misconduct can sometimes lead to outcomes where the accused’s career and reputation suffer regardless of actual guilt.

Why You Need Experienced Military Defense Lawyers

Given the complexities and high stakes of Article 120 allegations, engaging a knowledgeable and aggressive military defense attorney is essential. Attorneys like Michael Waddington and Alexandra Gonzalez-Waddington specialize in defending service members across military branches—including Army, Navy, Air Force, Marine Corps, and Coast Guard—both within the United States and internationally.

These lawyers understand the nuances of military law and the current prosecutorial climate. They can help navigate investigations, challenge unfounded allegations, and build a robust defense strategy tailored to each case. Their experience in military courts, federal courts, and state courts equips them to provide comprehensive representation.

Steps to Take If You Are Accused

  1. Do Not Delay in Seeking Legal Counsel: Time is critical. Early intervention by a qualified defense team can make a significant difference.
  2. Exercise Your Right to Remain Silent: Avoid discussing the allegations with anyone other than your lawyer.
  3. Document Everything: Keep detailed records of relevant events, communications, and any evidence that supports your defense.
  4. Stay Professional and Composed: Your demeanor and conduct can impact the outcome of your case.
  5. Be Proactive: Understand your rights, stay informed about the process, and actively participate in your defense.

Additional Considerations: False Accusations and Their Consequences

One of the most troubling aspects highlighted by Michael Waddington is how the new system sometimes allows false or exaggerated allegations to go unpunished. In some cases, even proven false claims may not result in disciplinary action against the accuser, who may receive benefits such as military sexual trauma compensation.

This reality underscores the importance of a vigorous defense and the need for reforms that balance victim support with protections for the accused. It also calls for awareness among service members about the potential risks and the importance of legal representation.

Conclusion: Stand Up, Fight Back, and Protect Your Future

Being accused of an Article 120 offense at White Sands Missile Range or any military installation is a serious matter that demands immediate attention. The military justice system’s victim-centered approach, while well-intentioned, can create a challenging environment for those accused, where the presumption of innocence is often diminished.

If you or a loved one face such allegations, don’t wait or hope for the best. Stand up, take control of your defense, and engage experienced military defense attorneys who will fight to protect your freedom, career, and reputation. With dedicated legal support, you can navigate the complexities of the UCMJ and work toward the best possible outcome.

For expert guidance and aggressive defense, contact the team at González & Waddington, LLC, who have a proven track record defending military personnel worldwide.

For more information or to schedule a consultation, call 1-800-921-8607 or visit ucmjdefense.com.

Full Transcription

My name is Michael Waddington and I'm a criminal defense attorney. I have been aggressively defending military service members for over 20 years. If you're stationed at White Sands and you're suspected or accused of any crime under the UCMJ, such as in Article 120 sexual assault or sexual harassment, and your career is in jeopardy, then reach out and speak with one of our experienced military lawyers today. If you are accused of any serious offense under the UCMJ, such as a UCMJ Article 120 sexual assault, then you should be concerned. Right now, the military is waging a war on sexual assault. You can expect a zealous and determined prosecution team coming after you and trying to win their case. These elite military prosecution teams are well-funded, well-trained, and bound and determined to win convictions. They are on a mission to prove to Congress that the military does not tolerate any form of sexual assault, domestic violence, or sexual harassment. Military prosecutors will be relentless in seeking a conviction and serious jail time once they have you in their sights. To make matters worse, under new laws that went into effect in December of 2023, the new military justice system is victim-centered. What that means to you, if you're accused, is that if a person makes an allegation against you, they are believed from the start. They won't probe the credibility of a person making an allegation. They won't look for any evidence that could disprove the allegation. They're taking anyone who comes to be a victim and they're taking their word for it. That also means that people who have made false or exaggerated allegations will not be punished, even if their allegation is proven to be false. If anything, they may be allowed to retire and get military benefits for military sexual trauma, even if the allegation is proven false in court. You can expect to encounter law enforcement trained to start by believing. Therefore, you're presumed to be guilty once the investigation has started and the law enforcement and prosecutors will act accordingly. Yes, that cuts against your constitutional rights and that cuts against what our country was founded upon and what we stand for. But that's what you can expect in the military justice system. In this new victim-centered approach, the victim, even if the victim is a lying victim, plays a key role in determining what happens to you. What could end up happening is in a case where there's no evidence or if you're in fact innocent, the victim may still insist that you get some sort of punishment. Even if you're innocent and there is no evidence, do not be surprised that you en

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Defending Against Article 120 UCMJ Allegations at White Sands Missile Range: What You Need to Know

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