How Article 32 Hearings Work in Article 120 Sexual Assault Cases
Gonzalez & Waddington, Attorneys at Law defend service members worldwide facing Article 120 sexual assault charges. One of the most misunderstood stages of the process is the Article 32 preliminary hearing. This guide explains how Article 32 works in sexual assault cases, why it matters, and how to use it to build a winning defense.
Purpose of an Article 32 Hearing
- Probable cause screen: Determines if there is enough evidence for a general court-martial.
- Discovery opportunity: Allows defense to see and challenge parts of the government’s case early.
- Record creation: Testimony and exhibits create transcripts that can later impeach government witnesses at trial.
- Influence point: The hearing officer’s recommendation can affect charge referral and forum selection.
Key Players at an Article 32 Hearing
- Preliminary Hearing Officer (PHO): Presides over the hearing and makes recommendations.
- Trial counsel (prosecutor): Presents the government’s case and witnesses.
- Defense counsel: Cross-examines, calls witnesses, and introduces limited defense evidence.
- Special Victims’ Counsel (SVC): Protects the accuser’s rights, often weighing in on privilege issues.
- Accused: May attend but is not required to testify; silence cannot be used against them.
Step-by-Step: How an Article 32 Hearing Works
- Charge sheet served: Accused receives notice of the allegations.
- Evidence disclosure: Defense is entitled to review reports, statements, and key evidence.
- Government presentation: Prosecutors introduce witness statements, testimony, and exhibits.
- Defense response: Cross-examines government witnesses, highlights gaps in the investigation, and calls select defense witnesses.
- Closing arguments: Both sides may submit written or oral arguments on probable cause.
- PHO report: Provides written recommendations on charges and forum to the convening authority.
Defense Strategies at Article 32
- Lock testimony: Pin down timelines, inconsistencies, and contradictions early.
- Highlight investigation flaws: Show what law enforcement failed to do (missing texts, uncollected evidence).
- Expose motive to lie: Retaliation, jealousy, career benefits, or secondary gain.
- Preview science disputes: Challenge DNA, BAC estimates, and SANE exam interpretations.
- Preserve objections: Even if denied, they become issues for motions and appeal.
Common Mistakes to Avoid
- Waiving the hearing without a strong legal reason.
- Failing to cross-examine government witnesses.
- Not involving forensic or digital experts early.
- Over-calling defense witnesses and previewing the entire trial strategy.
- Assuming the hearing “doesn’t matter” (it can make or break trial prep).
Video: Article 32 Hearings Explained
Accused of Article 120? Use the Article 32 to Your Advantage
An Article 32 hearing is more than a formality—it’s your chance to expose weaknesses in the government’s case and build momentum for trial. We’ve used Article 32 cross-examinations to dismantle false allegations and force dismissals.
Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607
FAQs: Article 32 in Article 120 Cases
Can the accuser refuse to testify?
Yes, but the government often substitutes hearsay. The defense should highlight reliability concerns.
Is this like a civilian grand jury?
Yes and no. It screens charges but is adversarial, giving the defense a chance to cross-examine and present evidence.
Should I testify at Article 32?
Usually not. Testifying exposes you to cross-examination. Decide carefully with your lawyer.
What happens if probable cause isn’t found?
The PHO can recommend dismissal, but the convening authority makes the final decision.
Can the defense win at Article 32?
Yes. Strong cross and discovery wins here often cripple the government’s case long before trial.
