How to Win a Court-Martial for Sexual Assault Under Article 120

What Is Article 120 of the UCMJ?

Article 120 of the Uniform Code of Military Justice criminalizes various forms of sexual misconduct, including:

• Sexual assault by force or without consent
• Sexual abuse of an incapacitated person
• Indecent contact or exposure
• Penetration without permission—even if no violence occurred

The stakes are extreme: a conviction can result in prison time, dishonorable discharge, sex offender registration, and lifelong stigma.

Why Article 120 Cases Are Unique

Unlike civilian sexual assault trials, Article 120 cases involve:

• No jury — your fate is often decided by a military panel or a judge alone
• Lower rules of evidence and admissibility
• Bias toward “believe the victim” command climates
• Accelerated pretrial timelines with limited discovery rights

Winning a Sexual Assault Court-Martial: Strategic Breakdown

The key to victory in an Article 120 case lies in early, aggressive strategy that destroys the prosecution’s credibility and narrative before trial begins.

1. Attack Credibility Early

• Expose prior false allegations or motives to lie
• Uncover inconsistent statements across interviews, texts, and reports
• Highlight alcohol use, memory gaps, and retractions

2. Use Forensic & Digital Evidence

• Recover phone logs, messages, social media activity
• Pull access logs, surveillance footage, location data
• Analyze delayed reporting and post-incident behavior

3. Impeach the Investigation

• Show how law enforcement skipped alternate suspects
• Point out failure to collect evidence, interview witnesses, or secure the scene
• Highlight “confirmation bias” in the report writing

4. Develop a Compelling Defense Narrative

Military juries want a clear, believable counter-narrative. This can include:

• Consensual encounter with regret later
• Miscommunication—not criminal intent
• Accuser using allegation for advantage (e.g., expedited transfer, custody battle, revenge)

Common Themes in False Allegation Cases

• Post-breakup accusations
• Alcohol-fueled encounters with unclear consent
• Inconsistencies between what was said to friends vs. law enforcement
• Alleged victims with behavioral health histories

Trial Tactics That Win Article 120 Cases

• Control the courtroom with cross-examination
• Use military rules of evidence (MRE 412, 513, 514) to your advantage
• Focus the panel on reasonable doubt and the danger of irreversible punishment

Why You Need a Civilian Military Sex Crimes Lawyer

Most JAGs are not trained to aggressively dismantle sex crime cases. You need a firm that:

• Specializes in Article 120 defense
• Knows the science, psychology, and strategy behind false claims
• Isn’t afraid to take on biased command climates and flawed law enforcement

Helpful Internal Resources

• Cross-Examination in Military Sex Crime Trials
• MRE 412 Defense Strategies
• False Rape Allegation Defense Guide