Gonzalez & Waddington, Attorneys at Law have defended service members accused of Article 120 sexual assault in “he said, she said” cases across the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. These are some of the hardest cases to defend because they often lack physical evidence—leaving credibility, digital records, and cross-examination as the deciding factors. This guide explains how to fight back and win when the government relies only on an accuser’s word.

Why “He Said, She Said” Cases Are So Challenging

• No physical evidence: Most cases lack DNA, injuries, or eyewitnesses.
• Credibility battle: The case turns on whether the panel believes the accuser over the accused.
• Panel bias: Many members have received “believe the victim” training, which can skew perception.
• Emotional storytelling: Prosecutors frame the case as trauma vs. denial, even when facts are thin.

Defense Strategies That Work in Word-Against-Word Cases

• Expose contradictions: Compare the accuser’s testimony with prior statements, texts, and official reports.
• Highlight post-event behavior: Show friendly messages, continued social contact, or lack of immediate reporting.
• Digital evidence: Use texts, call logs, social media, and metadata to destroy the government’s timeline.
• Reveal motive to lie: Identify jealousy, retaliation, disciplinary avoidance, or career benefits as reasons for false claims.
• Use experts: Psychologists, toxicologists, and forensic experts can explain memory issues, alcohol effects, and alternative scenarios.

Cross-Examination Themes

1. Timeline & Opportunity

Pin the accuser to specific times, places, and events. Then use texts, phone records, and witnesses to prove the timeline doesn’t hold.

2. Behavior After the Event

Show that the accuser’s actions (joking texts, hanging out again, selfies) are inconsistent with trauma or assault claims.

3. Bias & Motive

Bring out reasons for exaggeration or fabrication—relationship disputes, jealousy, or desire for a transfer.

4. Contradictions

Use prior interviews, statements to friends, or investigator notes to catch inconsistencies.

Defense Tools in “He Said, She Said” Cases

• Digital forensics: Preserve and analyze full data sets—not just cherry-picked screenshots.
• Witness testimony: Call fact witnesses who saw the accuser’s demeanor or interactions after the alleged event.
• Psychological experts: Explain memory science, alcohol blackout vs. pass-out, and suggestibility in interviews.
• Military records: Use the accused’s strong service history to show credibility, integrity, and retention value.

Common Mistakes to Avoid

• Letting the government control the narrative without telling your side’s story.
• Failing to highlight the accuser’s motives and contradictions.
• Cross-examining too aggressively and turning the panel against you.
• Assuming “no evidence” guarantees an acquittal—jurors may still convict based on emotion.

Defense Framework for “He Said, She Said” Cases

1. Opening: “This case is about words, not facts. When you look at the evidence, the story doesn’t hold.”
2. Timeline module: Lock the accuser to specific times/events; use texts and metadata to impeach.
3. Behavior module: Show post-incident friendliness and communication.
4. Motive module: Reveal reasons to fabricate (jealousy, retaliation, benefit).
5. Credibility module: Highlight contradictions in testimony vs. prior statements.
6. Closing: “The government asks you to convict on words alone. Reasonable doubt is everywhere.”

Video: Defending “He Said, She Said” Article 120 Cases

We Defend Word-Against-Word Sexual Assault Cases

The military prosecutes hundreds of “he said, she said” Article 120 cases every year. Most rely on emotion—not facts. Our team dismantles these cases by exposing contradictions, revealing motives to lie, and leveraging digital evidence. If you’re accused, don’t face it alone.

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

FAQs: Fighting “He Said, She Said” Allegations