How Long Does a Military Sexual Assault Case Take Under Article 120?
One of the first questions service members ask after being accused of sexual assault under Article 120 is how long the process will last. The uncertainty is often worse than the allegation itself. Military sexual assault cases move slowly, unpredictably, and often far longer than accused service members expect. This page explains how long Article 120 cases typically take, why delays are common, what happens at each stage, and how Gonzalez & Waddington manages the process to protect careers, mental health, and long-term outcomes.
Short Answer
Most military sexual assault cases take anywhere from six months to two years from allegation to final resolution, and some take even longer. Investigations alone often last several months, followed by charging decisions, Article 32 hearings, trial preparation, and post-trial processing. Delays are common and often driven by investigative backlog, command hesitation, witness availability, and strategic decisions by prosecutors. Having experienced civilian military defense counsel early can significantly shorten the process and prevent unnecessary extensions.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
The Typical Timeline of an Article 120 Case
Initial Allegation and Immediate Command Actions
The timeline begins the moment an allegation is reported, even before you are formally notified. Commands often impose immediate administrative actions such as no-contact orders, duty restrictions, weapon removal, and unit reassignment. These actions can occur within days or even hours and often remain in place for months regardless of whether charges are eventually filed.
The Criminal Investigation Phase
Military sexual assault investigations conducted by CID, NCIS, OSI, or CGIS commonly last three to nine months. Investigators collect statements, digital evidence, forensic exams, witness interviews, and expert opinions. Delays occur due to digital forensic backlogs, scheduling conflicts, overseas coordination, and investigator workload. During this phase, accused service members often hear nothing for long stretches, which adds to stress and uncertainty.
Prosecutorial Review and Charging Decisions
After the investigation is completed, the case file is sent to prosecutors for review. This stage can take weeks or months. Prosecutors assess whether to recommend charges, request additional investigation, or delay while command decisions are weighed. Commands frequently hesitate during this phase, especially in politically sensitive cases, which further extends the timeline.
The Article 32 Preliminary Hearing
If charges are preferred, the case proceeds to an Article 32 hearing. Scheduling the hearing, preparing witnesses, litigating discovery issues, and completing the hearing officer’s report often takes several additional months. This stage alone can last two to four months depending on complexity and availability of key witnesses.
Referral to Court-Martial and Trial Preparation
Once charges are referred, the case enters full trial preparation. Motions litigation, expert consultation, witness preparation, and scheduling often take six months or more. Courts-martial are frequently continued due to docket congestion, expert availability, or government delays. It is not uncommon for trials to occur more than a year after the original allegation.
Trial, Verdict, and Post-Trial Processing
Even after trial concludes, the case is not immediately over. Post-trial processing, sentencing review, clemency submissions, and appellate rights can extend the process by several additional months. For convicted service members, appeals may take years. Even for acquitted service members, administrative fallout can continue well after trial.
Why Military Sexual Assault Cases Take So Long
Investigative Backlogs and Digital Evidence Delays
Modern Article 120 cases rely heavily on digital evidence, including phone extractions, cloud data, and social media analysis. These processes take time and are often delayed due to limited forensic resources. Investigators frequently wait months for results before moving the case forward.
Command Hesitation and Political Pressure
Commanders often delay decisions because sexual assault cases carry significant political and career risk. Declining to prosecute can trigger complaints, while prosecuting weak cases also carries consequences. This hesitation leads to prolonged decision-making and extended uncertainty for the accused.
Prosecutorial Strategy
Prosecutors sometimes delay cases intentionally to strengthen their position, locate additional witnesses, or pressure the accused. Continuances are common and often justified by claims of case complexity or witness scheduling issues.
Witness Availability and Overseas Complications
Many military cases involve witnesses who PCS, deploy, separate, or live overseas. Coordinating testimony and travel logistics can significantly slow the process. These complications are often used to justify lengthy delays.
How Gonzalez & Waddington Manages and Shortens the Timeline
Early Intervention Changes Everything
When Gonzalez & Waddington becomes involved early, we immediately engage with investigators and prosecutors to prevent unnecessary delays. Early defense involvement often leads to faster investigative conclusions, earlier declinations, or narrowed allegations that resolve sooner.
We Push Back Against Unnecessary Delays
Our firm actively challenges unjustified continuances, excessive investigation extensions, and stalled prosecutorial reviews. We force the government to justify delays on the record and use unreasonable delays to support motions and leverage negotiations.
We Control the Pace of the Defense
Rather than reacting to the government’s timeline, we build our defense proactively. By preparing early, securing experts, and preserving evidence, we avoid defense-caused delays and remain ready to proceed when the government is not.
We Protect Clients During the Waiting Period
Extended timelines take a severe toll on mental health, careers, and families. Gonzalez & Waddington advises clients on command interactions, administrative protections, and career preservation strategies while the case is pending. Managing the human impact of delay is just as important as managing the legal strategy.
Typical Duration of Each Stage
| Stage | Typical Duration |
|---|---|
| Investigation | 3–9 months, sometimes longer |
| Charging decision | 1–3 months |
| Article 32 hearing | 2–4 months |
| Trial preparation | 6–12 months |
| Post-trial processing | 2–6 months or more |
Frequently Asked Questions About Article 120 Timelines
Why Does My Case Feel Like It Is Stalling?
Long periods of silence are common and usually reflect investigative backlog or command hesitation rather than progress. Our firm monitors the case and demands accountability when delays become unreasonable.
Can the Government Drag the Case Out on Purpose?
Yes. Delays are sometimes strategic. Gonzalez & Waddington challenges these tactics and uses excessive delay to your advantage whenever possible.
Does Hiring a Civilian Lawyer Speed Things Up?
In many cases, yes. Early civilian defense involvement often results in quicker resolutions because the government knows the case will be aggressively challenged.
What Is the Longest an Article 120 Case Can Take?
Some cases last several years, especially if they go to trial and appeal. Our goal is always to resolve cases as efficiently as possible without sacrificing defense quality.
What Should I Be Doing While Waiting?
You should avoid discussing the case, preserve all evidence, follow all orders, and stay in close contact with your defense counsel. We guide clients through every step of this waiting period.
The Bottom Line: Time Is a Weapon—If You Know How to Use It
Military sexual assault cases take far longer than most accused service members expect, and the waiting can be one of the most punishing aspects of the process. Delays favor the government unless the defense knows how to push back. Gonzalez & Waddington has extensive experience managing long-running Article 120 cases and knows how to shorten timelines, exploit unreasonable delays, and protect clients while cases are pending. If you are under investigation or facing charges, early legal action is the best way to regain control over how long this process lasts.
