How Long Does a Sexual Assault Trial Last? (Article 120 Timeline)
A breakdown of the military justice timeline from Investigation to Verdict.
The actual Court-Martial trial usually lasts 3 to 5 days.
However, the entire process—from the moment you are notified of the investigation to the day the verdict is read—typically takes 6 to 12 months.
If you are facing an allegation of Sexual Assault (Article 120, UCMJ), the waiting game is psychological torture. You want it to be over. However, speed is often the enemy of a good defense. At Gonzalez & Waddington, we use this time to dismantle the government’s case piece by piece.
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.
Detailed Timeline: From Allegation to Verdict
The following table breaks down the lifecycle of a typical military sexual assault case.
| Phase | Estimated Duration | What Happens? |
|---|---|---|
| 1. The Investigation (CID / NCIS / OSI) |
2 – 6 Months | Investigators interview the accuser, seize phones, and send DNA kits to the lab (USACIL). You are likely flagged but not yet charged. Do not speak to them. |
| 2. Preferral of Charges (The Accusation) |
1 Day | The Commander reads the charge sheet to you. The clock officially starts. You are now formally “The Accused.” |
| 3. Article 32 Hearing (Preliminary Hearing) |
30 – 60 Days (After Preferral) |
A “mini-trial” to see if there is enough evidence. We cross-examine the government’s witnesses to lock them into their stories. |
| 4. The “Discovery” Gap (Motion Practice) |
2 – 4 Months | The busiest time for your lawyer. We demand evidence, file motions to suppress (MRE 412), and hire expert witnesses (Toxicologists/Psychologists). |
| 5. The Court-Martial (The Trial) |
3 – 5 Days | Day 1: Jury Selection (Voir Dire). Day 2-3: Government & Defense Cases. Day 4: Closing Arguments & Verdict. Day 5: Sentencing (if guilty). |
Why Does It Take So Long?
Service members often ask, “Why haven’t they charged me yet?” or “Why is the trial date months away?”
Delays in Article 120 cases are usually caused by three factors:
1. The DNA Lab Backlog
The U.S. Army Criminal Investigation Laboratory (USACIL) handles DNA testing for all branches. They are notoriously backed up. It can take 3 to 6 months just to get a report saying the DNA was “inconclusive.” We cannot go to trial without these results.
2. Digital Forensics
If they seized your phone, they are downloading thousands of text messages, photos, and GPS data points. We need time to analyze this data too—often, the proof of your innocence (a text message the accuser deleted) is hidden in that extraction report.
3. Aggressive Defense Motions
A passive lawyer wants a speedy trial. An aggressive lawyer wants a fair trial. We file complex motions to:
- Suppress illegally obtained confessions.
- Expose the accuser’s motive to lie (under MRE 412).
- Compel the government to produce missing evidence.
These motions require hearings, which push the trial date back. This is a good thing. Time allows emotions to cool and evidence to be analyzed properly.
Frequently Asked Questions (FAQ)
Q: Can I demand a Speedy Trial?
A: Yes, under RCM 707, the government generally has 120 days from the time of preferral to bring you to trial. However, the defense often “waives” speedy trial rights to buy more time to prepare. Rushing to trial before you have reviewed all the evidence is a suicide mission.
Q: Does the investigation stop if I get out (ETS)?
A: No. If you are under investigation for Article 120, the command will place you on “Legal Hold.” Your ETS date will be extended involuntarily until the case is resolved. You cannot just “wait it out.”
Q: Will I be in jail while I wait for trial?
A: Usually, no. Pre-Trial Confinement (PTC) is rare unless you are considered a flight risk or a danger to the accuser. Most clients continue to work at their unit (often in a different office) while awaiting trial.
Use the Time Wisely. Build Your Defense.
Every day that passes is a day the government is building their case against you. You need to be doing the same.
Gonzalez & Waddington represents service members worldwide. We don’t sit back and wait for the trial date; we attack the evidence immediately.
