Defending Against Military Sexual Offense Allegations

Defending Against Military Sexual Offense Allegations

Being accused of a sexual offense in the military can destroy your reputation, career, and freedom—before you even set foot in a courtroom. Allegations under Article 120, 120b, and 120c of the UCMJ are aggressively prosecuted and can lead to confinement, sex offender registration, dismissal, or dishonorable discharge. If you’re under investigation or facing charges, you need a legal team that specializes in defending military sexual offense cases—because your chain of command, and even your appointed counsel, may not be on your side.

Gonzalez & Waddington, Attorneys at Law is one of the most experienced and respected military defense firms in the world. Michael Waddington and Alexandra Gonzalez-Waddington have defended service members in hundreds of sexual misconduct cases—at home and overseas, in combat zones and major commands, from junior enlisted personnel to senior officers. We don’t just understand the military justice system—we expose its weaknesses and fight back with surgical precision.

Why accused service members choose Gonzalez & Waddington to fight sexual assault charges:

  • 🛡️ Over 25 years of combined UCMJ trial experience in sex crime cases.
  • 🛡️ Tried cases in over a dozen countries and defended clients from 30+ nations and commands.
  • 🛡️ Experts in exposing false allegations, trauma scripting, delayed reporting, and flawed command investigations.
  • 🛡️ Skilled at impeaching accusers and cross-examining forensic nurses, therapists, and “trauma-informed” experts.
  • 🛡️ Published authors of trial guides and cross-examination books used by defense lawyers worldwide.

We defend clients facing:

  • Article 120 – Rape, sexual assault, abusive sexual contact, and aggravated sexual assault
  • Article 120b – Sexual abuse of a child, indecent exposure, and attempted contact with minors
  • Article 120c – Indecent viewing, recording, distribution, and voyeurism
  • Article 134 – Obscene correspondence, adultery, and “To Catch a Predator” sting cases

If you’re accused of sexual misconduct in the military, contact Gonzalez & Waddington immediately. We don’t flinch in the face of these charges—we fight them. And we win.

Military Sexual Offense Defense – Frequently Asked Questions

What should I do if I’m accused of sexual assault in the military?

Do not talk to law enforcement, your command, or other service members about the allegation. Contact an experienced military defense lawyer immediately. Early legal intervention is critical to prevent evidence manipulation and command bias from sealing your fate.

Can I be convicted with no physical evidence or eyewitnesses?

Yes. Many courts-martial are based on the testimony of a single accuser. That’s why it’s critical to hire a defense attorney who understands how to dismantle flawed narratives, trauma scripting, and uncorroborated accusations. We’ve won numerous cases where there was no physical evidence and the odds were stacked against the accused.

Do you defend military sexual offense cases overseas?

Yes. We defend clients worldwide—in Europe, Asia, the Middle East, Africa, and throughout the U.S. We’ve tried sexual assault cases in Germany, Japan, Korea, Italy, Bahrain, Kuwait, Qatar, and across major bases like Fort Bragg, Pendleton, Benning, Bragg, Lejeune, and more.

How do you defend against military sexual misconduct allegations?

We attack the credibility of the accuser, expose inconsistencies, challenge forensic evidence, and neutralize biased expert witnesses. We also use behavioral, digital, and contextual evidence to build powerful counter-narratives that expose false motives, memory contamination, or consent.

Will a conviction for a UCMJ sexual offense require me to register as a sex offender?

Yes, in most cases. Conviction under Article 120 or 120b can result in mandatory sex offender registration. This can affect where you live, work, travel, and your future employment. That’s why your defense must begin immediately—and must be handled by attorneys with real courtroom firepower.

Facing allegations of a military sexual offense can be one of the most isolating and overwhelming experiences a service member may encounter. The emotional toll, potential for disciplinary action, and career repercussions can feel like an unimaginable burden. That’s why understanding Military Sexual Offense Defense is a vital lifeline for the accused. This area of law provides service members with a structured way to legally defend against charges that can dramatically alter their personal and professional lives. The stakes are incredibly high—not just for freedom, but also for future employment, relationships, and honors earned in service. At its heart, Military Sexual Offense Defense is about ensuring that every accused service member receives a fair trial, the presumption of innocence, and aggressive advocacy. Legal support from experienced military defense attorneys can mean the difference between a future preserved and a future lost. In this article, we’ll explore how Military Sexual Offense Defense works, why it’s important, and how to protect your rights through every step of the legal process.

Understanding the Basics of Military Sexual Offense Defense

Military Sexual Offense Defense refers to the legal strategies and courtroom procedures used to defend a person accused of sexual misconduct under the Uniform Code of Military Justice (UCMJ). These offenses can include sexual assault, abusive sexual contact, indecent viewing, and rape—some of the most serious charges someone in uniform can face. Because of the intense public and political focus on military sexual misconduct, even an accusation can derail a career and lead to life-altering consequences.

For example, a young officer may be accused of non-consensual contact during a social gathering. Without proper legal defense, that officer could be discharged, imprisoned, and placed on a sex offender registry. In another case, a long-serving enlisted member may face allegations from a subordinate during a command dispute. Without an effective Military Sexual Offense Defense, even false or exaggerated claims could sideline years of honorable service.

These types of cases are prosecuted in military courts, which involve a unique combination of military culture and legal protocol. Unlike civilian courts, military trials can introduce evidence and testimony under different rules. For this reason, only a seasoned legal team familiar with the military justice system should handle these defenses. The right representation understands both the character of military life and the rigor of criminal defense strategy.

The Importance of Defending Against Military Sexual Offense Allegations

Successfully navigating a Military Sexual Offense Defense is critical for preserving a service member’s integrity, future pension, and personal freedom. These allegations can lead to a court-martial, dishonorable discharge, and even incarceration in federal prison. They may also end one’s chance for future employment, security clearance, or veterans benefits. With the military’s zero-tolerance policy on sexual misconduct, the accused often face judgment before the facts are fully presented. This underscores the importance of building an assertive and comprehensive defense from the start.

Beyond the courtroom consequences, these cases have emotional and psychological impacts as well. Accused individuals often feel stigmatized, isolated, and overwhelmed. It can be hard to know who to trust or what steps to take next. A robust Military Sexual Offense Defense gives those accused a fighting chance to regain their reputation and focus on healing personally and professionally.

  • Scenario 1: A decorated service member is accused of non-consensual contact during deployment; the result could be confinement and dishonorable discharge.
  • Scenario 2: A junior enlisted soldier faces allegations during basic training; they risk being separated early and having their record tarnished forever.
  • Scenario 3: A senior NCO is falsely accused by a peer over a personal grudge; without proper defense, they could lose a 20-year retirement track.
Quick Tip: Time is Critical
If you’ve been accused, don’t wait. Early legal consultation can significantly affect how evidence is collected, how witness statements are interpreted, and how command decisions are influenced moving forward.

How the Military Sexual Offense Defense Process Typically Works Across the Globe

  • Step 1: Notification and Investigation – The accused is usually informed via command or law enforcement. An investigation begins immediately, often led by agents such as the CID or NCIS.
  • Step 2: Preferral and Article 32 Preliminary Hearing – If sufficient evidence exists, charges are formally filed, and a hearing evaluates the merit of the case.
  • Step 3: Court-Martial – If the Article 32 hearing recommends a trial, the case proceeds to a court-martial where evidence and defense strategies are presented before a military judge or panel.

Top Ways to Strengthen Your Military Sexual Offense Defense

Pro Tips for Getting Through a Military Sexual Offense Allegation
Hire an Experienced Attorney: One who understands both criminal law and UCMJ procedure ensures no procedural or tactical mistake is made during your defense.
Stay Silent and Cooperative: Avoid making statements to investigators or on social media. Let your attorney handle all formal communications with authorities.
Collect Evidence Promptly: Identify potential witnesses, preserve text messages or emails, and document timelines that can support your version of events.
Understand Your Rights: You have the right to remain silent and the right to legal counsel. Exercise both from the start.
Seek Emotional Support: Consider counseling through chaplains or trusted professionals. A strong mental state helps you stay clear-headed during proceedings.

Common Questions About Defending Against Sexual Offense Charges in the Military

What types of military sexual offenses are most commonly prosecuted?
The most common charges include sexual assault, abusive sexual contact, and indecent behavior. All are addressed under Article 120 of the UCMJ.
Can I be discharged before the case is resolved?
It’s possible, but in most cases, the service member remains active until the legal process plays out, especially when court-martial is pending.
What rights do I have during an investigation?
You have the right to an attorney, to remain silent, and to avoid self-incrimination. These rights should be carefully protected from the start.
What happens if I am found not guilty?
A not-guilty verdict means you avoid penalties and discharge, but restoring reputation and career opportunities may still require official steps or advocacy.
Can my case be handled outside of court-martial?
In some cases, command may choose administrative punishment or non-judicial measures, but serious allegations often proceed to trial.

How Gonzalez & Waddington Helps You Fight Back

Gonzalez & Waddington is a globally recognized law firm devoted to defending military personnel against sexual offense allegations. With decades of experience in handling high-stakes military court-martials, the firm brings strategic insight, compassionate guidance, and aggressive defense to each client. They understand the intensity of military culture and how devastating these accusations can be for individuals and families. Their legal team evaluates every angle—physical evidence, witness credibility, procedural nuances—to construct the most airtight defense possible.

What sets Gonzalez & Waddington apart is their exclusive dedication to military law and criminal defense. They frequently represent clients based internationally or at remote deployments, bringing peace of mind to service members who may feel the odds are against them. With them in your corner, you’re not only defending your rights, you’re gaining invaluable support for whatever comes next.

Choose the Best Attorney for Your Case
Look for a lawyer who is not only experienced in military justice but also has a proven track record of success in court-martials. Trust and communication are key to building a solid defense strategy early on.

Main Things to Remember About Military Sexual Offense Defense

Military Sexual Offense Defense is a complex and sensitive subject, but with the right legal team and approach, service members have a fair fighting chance to clear their names and protect their future. This guide walks you through the importance, process, and key considerations for building a strong defense.
Early intervention by an experienced attorney is absolutely critical.
Understanding the legal process empowers you to make smart decisions.
Gonzalez & Waddington offers strategic defense tailored to military realities.

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Defending Against Military Sexual Offense Allegations

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