Gonzalez & Waddington, Attorneys at Law represent service members accused of sexual harassment under both UCMJ proceedings and EO complaints. Allegations of harassment can trigger criminal charges, NJP/Article 15s, letters of reprimand, adverse evaluations, and administrative separation boards. This guide explains how to defend against sexual harassment allegations, what evidence matters, and the biggest mistakes to avoid.

Consequences of a Sexual Harassment Allegation

• EO findings: Can result in counseling, adverse evaluations, or reassignment.
• UCMJ charges: May lead to NJP/Article 15, courts-martial, and punitive discharge.
• Career impacts: Stalled promotions, loss of leadership billets, or forced separation.
• Collateral fallout: Reputational damage, security clearance issues, and post-service employment problems.

How the Government Builds Its Case

• Statements: Accuser testimony, witness accounts, and your own statements (if you talk without counsel).
• Digital evidence: Texts, DMs, memes, emails, and group chat screenshots.
• Context: Rank disparity, location (duty setting vs. off-duty), frequency, and impact on the complainant.
• Command climate: Zero tolerance policies often push commands to act aggressively, even on thin evidence.

Defense Strategies in Harassment Cases

• Intent vs. perception: Show that comments or conduct were not sexual or unwelcome, or were mutual banter in context.
• Boundary compliance: Demonstrate that conduct stopped immediately once a boundary was made clear.
• Selective enforcement: Highlight inconsistency in enforcement, showing cultural/unit norms or selective targeting.
• Digital completeness: Demand full chat logs, not screenshots cherry-picked to look incriminating.
• Witnesses: Call colleagues who can testify about the environment, context, or accuser’s credibility.
• Bias/motive: Show possible retaliation, jealousy, or disciplinary avoidance motivating the accusation.

Common Mistakes Accused Service Members Make

• Explaining to EO without counsel: Anything said can be used later in UCMJ proceedings.
• Deleting digital messages: Looks like destruction of evidence; always preserve originals.
• Contacting the accuser: Can be viewed as retaliation or intimidation.
• Assuming it’s “just EO”: EO findings often feed directly into UCMJ or administrative boards.
• Waiting too long to hire counsel: Early action makes the difference in preserving evidence and shaping command perception.

Defense Tools That Make a Difference

• Digital forensics: Recover deleted texts, show context, verify metadata.
• Witness statements: Supervisors, peers, or subordinates confirming context and intent.
• Performance record: Awards, evals, and letters highlighting professionalism and character.
• Cross-examination: Expose exaggerations, contradictions, and motives during testimony.

Defense Framework for Harassment Allegations

1. Theme: “This case is about misunderstanding, not misconduct.”
2. Evidence: Full digital records, timeline, witness accounts.
3. Motive: Explore retaliation, jealousy, or gain.
4. Mitigation: Show corrective action, clean record, and professionalism.
5. Relief: Argue for dismissal, or at minimum, proportionate corrective training vs. career-ending action.

Video: Defending Against Sexual Harassment Allegations

Protect Your Career with the Right Defense

Sexual harassment allegations—even without criminal charges—can destroy a career. We use digital forensics, witness testimony, and trial-tested cross-examination to dismantle weak allegations and protect our clients from unfair punishment.

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

FAQs: Defending Sexual Harassment Allegations