Gonzalez & Waddington, Attorneys at Law defend service members accused of fraternization and sexual harassment across all branches of the U.S. Armed Forces. These allegations can overlap—what starts as a consensual relationship may be painted as harassment, or a harassment claim may be compounded by fraternization charges. Both can lead to Article 15/NJP, administrative separation, boards of inquiry, or even court-martial. This guide explains the rules, risks, and defense strategies you need to protect your career.

What Is Fraternization?

• Definition: Undue familiarity or an unprofessional relationship between officers and enlisted, or in some cases between senior and junior enlisted.
• Prohibited conduct includes:
  • Dating or sexual relationships across rank lines.
  • Financial dealings (loans, business partnerships).
  • Socializing that compromises the chain of command.
• Legal authority: Article 134, UCMJ; service-specific regulations (e.g., AR 600-20 for Army, Navy Regulations, AFI 36-2909).
• Why it matters: The military enforces rank structure to preserve discipline, respect, and unit cohesion.

What Is Sexual Harassment?

• Definition: Unwelcome sexual advances, requests for favors, or sexual conduct that creates a hostile environment or involves quid pro quo pressure.
• Governed by: EO policies and sometimes Article 92 (failure to obey regulations), Article 93 (maltreatment), or Article 120c (indecent conduct).
• Proof standard: EO uses preponderance; UCMJ requires beyond a reasonable doubt.

How Fraternization and Harassment Overlap

Common scenarios where fraternization and harassment allegations intersect:

• A consensual relationship is later reinterpreted as harassment when one party ends it.
• A senior member accused of harassment also faces fraternization charges due to the rank difference.
• Harassment complaints arise out of favoritism shown in fraternization relationships.

Consequences of a Finding

• Article 15/NJP: Rank reduction, forfeitures, restrictions, or reprimands.
• Administrative separation: Boards can recommend OTH discharges for fraternization or harassment.
• Court-martial: Punitive discharge and confinement for serious or repeated misconduct.
• Collateral damage: Career destruction, loss of retirement benefits, and permanent stigma.

Defense Strategies

• Consent and professionalism: Show that any relationship was consensual, discreet, and did not compromise the chain of command.
• Context: Prove that conduct was misinterpreted banter or cultural joking, not harassment.
• Policy ambiguity: Highlight unclear guidance in regulations—different services apply fraternization rules inconsistently.
• Bias/motive: Expose ulterior motives like retaliation, jealousy, or career leverage.
• Character evidence: Present performance history, evaluations, and peer testimony to show professionalism and credibility.

Mistakes to Avoid

• Admitting to relationships or conduct without consulting an attorney.
• Deleting texts, photos, or social media posts—seen as evidence tampering.
• Contacting the accuser—can be viewed as intimidation or retaliation.
• Assuming EO findings are harmless—administrative findings can still destroy careers.
• Waiting too long to retain experienced civilian counsel.

Defense Framework

1. Define the relationship: Was it consensual and professional?
2. Challenge harassment claims: Context, mutual conduct, or motive to fabricate.
3. Attack overlap: Was this truly harassment or a consensual relationship painted differently?
4. Policy ambiguity: Use unclear regulations to build reasonable doubt.
5. Mitigation: Show integrity, professionalism, and clean record.

Video: Defending Against Fraternization and Harassment Allegations

We Defend Against Fraternization and Harassment Allegations

These cases often come down to credibility, context, and command climate. We use digital forensics, expert testimony, and surgical cross-examination to dismantle weak cases and protect military careers.

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

FAQs: Fraternization & Harassment Defense