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Someone Filed a SHARP Complaint Against Me: What Happens Next and How to Fight It

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What should I do after someone files a SHARP complaint against me?

First find out which track you are on. An unrestricted sexual assault report goes to CID as a criminal investigation, while a sexual harassment complaint usually goes to a commander’s inquiry or an AR 15-6 investigation. On either track, invoke your Article 31 rights and decline interviews until you have a lawyer, obey every no-contact and movement order, preserve your messages and identify witnesses, and get a military defense lawyer involved within days, because the outcome is often shaped early. Outcomes depend on the specific facts of each case.

Civilian military defense lawyer Michael Waddington of Gonzalez & Waddington explains what a SHARP complaint sets in motion, what happens to you in the first days, and how to fight it.

Video: Someone Filed a SHARP Complaint Against Me — What Happens Next? | Military Lawyer Explains (4:45) — watch on YouTube

What is a SHARP complaint?

SHARP is the Army’s Sexual Harassment/Assault Response and Prevention program. It covers two very different kinds of allegations, and what happens next depends on which one was made:

  • A sexual assault report. The person reporting chooses a restricted or an unrestricted report. An unrestricted report goes to the command and to CID and opens a criminal investigation.
  • A sexual harassment complaint. A formal complaint is handled through the command and usually leads to a commander’s inquiry or an AR 15-6 investigation.

Track 1: sexual assault reports

A restricted report goes to the SHARP office and medical providers, not to the command or CID, and you may never learn it was made. An unrestricted report goes to the command and to CID the same day, and a criminal investigation under Article 120 begins. Since December 2023, the Office of Special Trial Counsel has had authority over sexual assault and other covered offenses, including the decision whether to prefer and refer charges.

A restricted report can be converted to unrestricted later, so an allegation you have never heard about can become a CID investigation months after the fact.

Track 2: sexual harassment complaints

A formal sexual harassment complaint is investigated by the command, usually through a commander’s inquiry or an AR 15-6 investigation. An investigating officer interviews witnesses, collects messages and records, and makes findings by a preponderance of the evidence, a much lower standard than proof beyond a reasonable doubt.

Sexual harassment is also a specific offense under Article 134 of the UCMJ, so serious conduct can be referred for criminal action rather than handled administratively.

What happens to me right away?

  • A suspension of favorable personnel actions (flag) under AR 600-8-2.
  • A no-contact order or military protective order.
  • Possible removal from a leadership position, a move out of the barracks, or a temporary reassignment.
  • The complainant may request an expedited transfer, which is usually granted.

Your unit will likely know within a day. Follow every order about contact and movement exactly, even if you believe the complaint is false.

Should I talk to CID or the investigating officer?

Not without a lawyer. On the assault track, CID will ask to interview you; you can decline under Article 31. On the harassment track, the 15-6 investigating officer will ask for your side. The same advice applies, because harassment findings drive reprimands and separation actions, and what you tell an investigating officer can be forwarded to CID. Your lawyer can decide whether, when, and how you respond, often in writing and after the evidence is known.

What are the possible outcomes?

  • Unsubstantiated harassment complaint: often no action, although the investigation file remains.
  • Substantiated harassment complaint: a General Officer Memorandum of Reprimand, often filed permanently under Army policy; relief for cause for leaders; a referred evaluation; and frequently initiation of administrative separation.
  • Sexual assault report: the criminal track, from investigation through a possible Article 32 hearing and referral to a general court-martial.

How do I fight a SHARP complaint?

  1. Identify the track. Have your lawyer confirm whether you face a criminal investigation, a command investigation, or both.
  2. Invoke your rights. Decline interviews and do not consent to searches of your phone or room until you have advice.
  3. Preserve evidence. Save texts, social media messages, photos, and location data. Harassment cases often turn on context, and the messages before and after an alleged comment can tell a different story. Do not delete anything.
  4. Identify witnesses. Make a private list, for your lawyer only, of people who saw the events or know the relationship.
  5. Prepare the rebuttal. When an AR 15-6 investigation is referred to you for comment, your written rebuttal is your chance to challenge the findings before the approval authority acts. See how to challenge AR 15-6 findings.
  6. Build your record. Evaluations, awards, and statements from leaders matter for any reprimand, filing, or separation decision.

Mistakes to avoid

  • Contacting the complainant, directly or through friends. That can violate an order and be charged as retaliation or obstruction.
  • Discussing the complaint with people in your unit, who are likely witnesses.
  • Deleting messages or posts.
  • Posting about the complaint on social media.
  • Giving a statement to CID or the investigating officer before talking to a lawyer.

Key takeaways

  • A SHARP complaint is either a sexual assault report or a sexual harassment complaint, and the two follow different tracks.
  • Expect a flag, a no-contact order, and possibly a move in the first days.
  • Invoke your rights, comply with orders, preserve evidence, and get a lawyer early.
  • Substantiated harassment findings commonly lead to a GOMOR and separation action; assault reports can lead to a court-martial.

Video transcript

Transcript of the video “Someone Filed a SHARP Complaint Against Me — What Happens Next? | Military Lawyer Explains,” with Michael Waddington of Gonzalez & Waddington.

Read the full transcript of this video

Someone filed a SHARP complaint against you. What happens next? It depends on what kind of complaint it is. An unrestricted sexual assault report goes to CID and becomes a criminal investigation the same day. A sexual harassment complaint goes to a command investigation that can end in a general officer memorandum of reprimand or a separation. Either way, you’re now the subject, and the next few days matter more than the next few months. I’m Michael Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. SHARP is the Army’s Sexual Harassment/Assault Response and Prevention program, and here’s what a complaint under it actually sets in motion.

First, the two tracks. SHARP covers both sexual harassment and sexual assault, and the response is completely different. If the complaint is sexual assault, the reporter chooses restricted or unrestricted reporting. A restricted report goes to the SHARP office and medical, not to the command or CID, and you may never learn it was made. An unrestricted report goes to the command and to CID immediately, and a criminal investigation under Article 120 opens. Since 2023, the Office of Special Trial Counsel oversees these cases. A restricted report can be converted to unrestricted at any time, so a complaint you haven’t heard about can become a CID case months later.

If the complaint is sexual harassment, it’s handled through the command under the harassment prevention regulation. A formal complaint triggers a commander’s inquiry or an AR 15-6 investigation, with an investigating officer, interviews, and findings by a preponderance of the evidence. Since 2022, sexual harassment is also a specific offense under Article 134, so a harassment complaint can become a criminal referral if the conduct is serious enough.

Second, what happens to you immediately: a flag under AR 600-8-2, likely a military protective order or a no-contact order, possibly removal from your position, a move out of the barracks, or a temporary reassignment. The command is required to consider separating the parties, and it’s usually you who moves. The complainant may request an expedited transfer, which is nearly always granted. Your unit will know within a day.

Third, the investigation. For assault, CID will want to interview you. Decline under Article 31 and get a lawyer. For harassment, the 15-6 investigating officer will want to interview you. The same advice applies, because harassment findings become general officer memorandums of reprimand and separation actions, and anything you say to the IO can be forwarded to CID. In both, don’t discuss the complaint with anyone in the unit, because they’re being interviewed too, and don’t contact the complainant for any reason.

Fourth, the outcomes. For a harassment complaint substantiated by a 15-6: a general officer memorandum of reprimand, often filed permanently under Army policy for sexual harassment; a relief for cause if you’re a leader; a referred evaluation; and frequently initiation of separation. For an unsubstantiated complaint, usually nothing, but the investigation file exists. For an assault complaint, the full criminal track, from investigation through possible referral to a general court-martial.

Fifth, what to do. One, find out which track you’re on. Ask your lawyer to find out, not the SHARP office. Two, invoke your rights and decline interviews. Three, comply with every order about contact and movement. Four, preserve the messages and identify the witnesses. Harassment cases in particular turn on context, and the texts before and after the alleged comment often tell a different story. Five, get a lawyer now, because the 15-6 rebuttal or the CID engagement happens in days, and the outcome is shaped before you’ve had a chance to respond. At Gonzalez & Waddington, we’ve had harassment findings overturned at the rebuttal stage and assault complaints closed before charges. Both required getting in early.

So, someone filed a SHARP complaint against you. What happens next? A criminal investigation or a command investigation, a flag, a protective order, and a fast-moving process that decides your career. Invoke, comply, preserve, and call a lawyer. I’m Michael Waddington with Gonzalez & Waddington. We defend service members worldwide. You can learn more at ucmjdefense.com or call 1-800-921-8607 for a free confidential consultation.

Frequently asked questions

What should I do after someone files a SHARP complaint against me?

Find out whether it is a sexual harassment complaint or a sexual assault report, invoke your Article 31 rights and decline interviews until you have a lawyer, follow every no-contact and movement order, preserve your messages and identify witnesses, and talk to a military defense lawyer right away.

What happens after a SHARP complaint is filed?

An unrestricted sexual assault report goes to the command and CID and starts a criminal investigation. A formal sexual harassment complaint usually leads to a commander’s inquiry or an AR 15-6 investigation. In either case you may be flagged, moved, or placed under a no-contact order or military protective order.

Can a SHARP complaint lead to a GOMOR or separation?

Yes. A substantiated sexual harassment finding can lead to a General Officer Memorandum of Reprimand, a relief for cause, a referred evaluation, and initiation of administrative separation. See Can an AR 15-6 investigation lead to a GOMOR or separation?

Should I talk to the investigating officer about a SHARP complaint?

Not without a lawyer. Statements to a 15-6 investigating officer can support adverse findings and can be forwarded to CID. You have the right to remain silent under Article 31 and to consult counsel first.

Can I contact the person who filed the complaint?

No. Contacting the complainant, directly or through others, can violate a no-contact order or protective order and can be charged as retaliation or obstruction. Let your lawyer handle any communication.

If you or a loved one is under investigation or facing charges under the UCMJ, don’t wait to protect your future. Contact Gonzalez & Waddington, Attorneys at Law. Our military defense lawyers have defended service members worldwide against the most serious military offenses. Call 1-800-921-8607 for a confidential consultation.

This article is general information, not legal advice. Every case is different, past results do not guarantee a similar outcome, and reading it does not create an attorney-client relationship.

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