Gonzalez & Waddington, Attorneys at Law defend service members worldwide against Article 120 sexual assault charges, Article 120c offenses, sexual harassment cases, and court-martials. False allegations under Article 120 are devastating—they threaten your freedom, career, retirement, and reputation. This guide explains how to build a winning defense strategy when falsely accused of sexual assault in the military.

Why False Allegations Happen

• Revenge or retaliation: Breakups, jealousy, or conflicts within the unit.
• Alcohol-driven regret: Consensual encounters recast as assault after the fact.
• Career or administrative gain: Transfers, expedited moves, or protective status after allegations.
• Misinterpretation: Poor communication, cultural differences, or assumptions about consent.

Understanding the Burden of Proof

Under Article 120 UCMJ, the government must prove guilt beyond a reasonable doubt. But in practice, accused service members often feel like they must prove innocence. A strong defense emphasizes reasonable doubt through inconsistencies, credibility attacks, and alternative narratives.

Core Defense Strategies Against False Allegations

• Expose credibility issues: Prior inconsistent statements, motives to lie, or exaggeration.
• Challenge forensic evidence: Question SANE exam conclusions, DNA, or toxicology findings.
• Use text & digital evidence: Messages, social media, or call logs proving consent, friendliness, or fabrication.
• Witness testimony: Fellow service members, friends, or bystanders who observed events or behavior.
• Alternative explanations: Medical or psychological explanations for alleged “symptoms.”

Cross-Examination Tactics

• Timeline contradictions: Lock the accuser into specific times/events and expose gaps.
• Behavior after incident: Friendly texts, photos, or continued contact undermine claims of assault.
• Bias & motive: Show jealousy, revenge, or desire for benefits like transfers or attention.
• Prior false reports: Where admissible, show patterns of untruthful accusations.

Evidence That Can Save Your Case

• Digital footprint: Texts, DMs, Snapchats, and call logs that prove ongoing contact and consent.
• Social media: Posts/photos contradicting claims of trauma or isolation.
• Expert reports: Forensic psychologists, toxicologists, and medical professionals.
• Character witnesses: Leaders and peers testifying to integrity and professionalism.

Mistakes to Avoid When Accused

• Speaking to investigators without a lawyer present.
• Contacting the accuser directly.
• Posting about the case on social media.
• Assuming your service record alone will protect you.
• Hiring inexperienced lawyers unfamiliar with Article 120 defenses.

Defense Framework for False Allegation Cases

1. Theory of Defense
   - “This case is about regret and retaliation, not sexual assault.”

2. Accuser’s Credibility
   - Expose inconsistencies, motives, and contradictions.

3. Digital & Forensic Evidence
   - Show texts/social media contradict assault claims.
   - Challenge DNA/SANE evidence.

4. Witness Testimony
   - Call fact witnesses to corroborate your story.

5. Retention & Character
   - Use evaluations, awards, and leadership testimony.

6. Closing Argument
   - Hammer reasonable doubt and unfair motives.

Video: Defending False Article 120 Allegations

We Defend Service Members Against False Allegations

A false accusation under Article 120 can destroy your life. We build evidence-driven, trial-tested defenses to dismantle false claims, attack credibility, and protect your career and freedom.

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

FAQs: False Article 120 Allegations