Fort Myer Article 120 Sexual Assault Court-Martial Lawyers
Table Contents
Article 120 of the Uniform Code of Military Justice defines a spectrum of sexual misconduct offenses applicable to all service members stationed at Fort Myer, distinguishing between sexual assault, which involves acts such as penetration without consent, and abusive sexual contact, which covers non-penetrative but still unlawful sexual touching.
These offenses carry felony-level exposure at a general court-martial, where the military justice system treats allegations with the same seriousness as comparable high-grade criminal charges in civilian jurisdictions.
Prosecution under Article 120 is command-controlled, meaning military commanders initiate and oversee the process, decide whether allegations proceed to court-martial, and manage the administrative aspects of the case within the chain of command.
This structure contrasts with civilian systems, where independent prosecutors make charging decisions; in the military, the commander’s role, combined with the unique rules of evidence and procedure under the UCMJ, creates a distinct legal environment for handling such allegations.
Article 120 covers felony-level sexual assault offenses under the UCMJ, which can escalate rapidly within the military justice system at Fort Myer. Cases often involve intensive investigations, expert evidence reviews, and parallel administrative separation risks. Gonzalez & Waddington can be reached at 1-800-921-8607 for guidance.
Watch the criminal defense lawyers at Gonzalez & Waddington break down how they defend criminal cases and service members worldwide against Federal Charges, Florida State Charges, UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced criminal defense lawyers can make the difference.
Fort Myer’s zero‑tolerance culture and mandatory reporting obligations mean that even preliminary concerns related to Article 120 automatically trigger formal notifications, legal consultation, and command awareness. This structured process is designed to ensure prompt attention and compliance with policy, which can make matters appear to accelerate rapidly.
Because the installation is a high‑visibility post with a leadership‑focused environment, command teams often apply heightened risk‑management measures. These actions, such as temporary duty restrictions or adjustments to daily routines, are intended to preserve good order and discipline but can contribute to a sense of swift escalation for the service member involved.
In addition to any ongoing investigation, administrative processes may begin in parallel, including reviews that determine whether separation actions should be considered. Although these administrative assessments are independent of judicial outcomes, their simultaneous progression adds to the overall pace at which the situation develops.
If you or a loved one is facing criminal charges or a criminal investigation by federal authorities, the military, or the State of Florida, early defense matters. Gonzalez & Waddington provide disciplined, trial-focused criminal defense for high-stakes cases involving serious allegations and complex evidence. To speak with experienced criminal defense lawyers and get confidential guidance, call 1-800-921-8607 or text 954-909-7407 to request a no-cost, confidential consultation.
Cases often involve situations where alcohol use leads to uncertainty or gaps in memory among those present, creating conflicting interpretations of events and prompting investigators to piece together timelines from partial recollections, messages, and witness accounts rather than from clear firsthand statements.
Another recurring pattern features dating apps or other digital communications, where service members meet off‑duty or coordinate social interactions. Screenshots, message threads, and shifting expectations in these exchanges frequently become central to understanding how each party perceived the interaction.
Investigations may also arise from barracks life or close‑knit unit environments, where relationship tensions, misunderstandings, or disputes surface, sometimes reported by third parties who observe concerning behavior or hear secondhand statements, initiating a command or law enforcement response even before the individuals involved make any formal complaint.
Article 120 allegations at Fort Myer typically involve detailed investigative steps overseen by military law enforcement agencies and coordinated with command authorities. These investigations aim to document facts, gather materials, and assemble an evidentiary record for potential military justice proceedings.
The types of evidence collected and reviewed in these cases vary, but investigators commonly rely on multiple sources of information to build a comprehensive picture of the events in question, including materials derived from interviews, forensic procedures, and digital data.
MRE 412 restricts the introduction of evidence concerning an alleged victim’s sexual behavior or predisposition, making it a key rule that shapes what background information can be presented during Article 120 proceedings at Fort Myer.
MRE 413 and 414 allow the government to introduce evidence of an accused’s prior sexual offenses or child molestation allegations, expanding the scope of what may be considered relevant beyond the charged conduct.
The motions filed under these rules, along with the resulting admissibility determinations, influence how the parties frame their theories of the case and what narratives are available to members during trial.
Because these evidentiary rulings determine which facts, histories, and allegations the panel can hear, they often become defining features of Article 120 litigation and significantly shape the character and focus of the proceedings at Fort Myer.
Article 120 cases at Fort Myer often hinge on how expert testimony shapes the credibility of both the accused and the complaining witness. Prosecutors and defense counsel rely on specialists to explain complex scientific, psychological, and investigative issues, which can significantly influence how evidence is interpreted.
Defense teams frequently challenge the reliability, methodology, and conclusions presented by these experts. By scrutinizing the foundations of their opinions, the defense may expose weaknesses in the government’s case or highlight alternative explanations for key evidence.
Service members facing Article 120 allegations at Fort Myer can encounter administrative separation proceedings even without a criminal conviction, because commanders may pursue adverse administrative actions based on the underlying conduct or perceived loss of confidence.
These cases often trigger a show‑cause requirement or a Board of Inquiry (BOI), where the service member must respond to the government’s evidence and demonstrate why continued service is warranted.
The outcome of an administrative separation process can lead to various discharge characterizations, and the specific characterization issued may influence post-service opportunities and how a service member’s record is viewed by future employers.
Administrative separation based on Article 120 allegations may also affect career progression, eligibility for continued service, and potential retirement benefits, since the characterization and basis for separation can influence qualification for certain entitlements.
Article 120 cases at Fort Myer often originate from or run parallel to broader sex crimes investigations, which may involve CID, NCIS, or other military law enforcement agencies. These investigative efforts help determine whether allegations meet the threshold for criminal prosecution under the UCMJ and also inform commanders about potential administrative concerns.
In addition to criminal inquiries, command-directed investigations may occur when leadership needs to assess misconduct, unit impact, or policy violations that coexist with or stem from an Article 120 allegation. These administrative inquiries can influence decisions about interim measures, duty status, or whether a case proceeds through administrative or judicial channels.
Even when an Article 120 allegation does not result in court-martial, service members at Fort Myer may still face administrative consequences such as Letters of Reprimand or be required to appear before Boards of Inquiry. These actions can affect a service member’s career, retention, and clearance status, demonstrating how Article 120 matters often intersect with multiple layers of the military justice and administrative systems.
The firm brings decades of focused military justice experience, allowing them to navigate Article 120 cases with a deep understanding of court‑martial procedure, pretrial timelines, and the strategic use of motions. Their approach emphasizes tailored trial strategy, including evidentiary challenges, Article 32 preparation, and targeted motions practice designed to shape the litigation environment from the outset.
They are known for detailed cross‑examination work, particularly in cases involving forensic evidence, digital material, and behavioral science testimony. Their methodical approach to expert impeachment draws on extensive knowledge of how government specialists operate within the military justice system and how their conclusions may be tested under scrutiny.
Members of the firm have authored widely used publications on trial advocacy and military criminal practice, contributing to the professional development of judge advocates and defense counsel across the services. This scholarly work, combined with their long-standing involvement in courts‑martial worldwide, informs the techniques and preparation they bring to Article 120 defense at Fort Myer.
Answer: Article 120 outlines criminal offenses related to sexual assault and abusive sexual contact within the military. It defines prohibited conduct, required elements, and potential classifications of sexual offenses. The article applies to all service members, including those stationed at Fort Myer.
Answer: Consent under Article 120 must be freely given and may be withdrawn at any time. The statute specifies circumstances where a person may be legally incapable of consenting, such as due to impairment or coercion. These standards guide how investigators and courts assess reported behavior.
Answer: Alcohol use can influence evaluations of capacity, memory, and intent in sexual assault cases. Investigators may examine the level of impairment for all involved parties when reviewing events. Statements, witness accounts, and physical evidence often factor into these assessments.
Answer: Digital evidence may include text messages, social media posts, photos, or location data relevant to the reported events. Investigators often analyze this material to establish timelines or clarify interactions. Such evidence is handled according to military investigative procedures.
Answer: Expert witnesses may be called to explain topics such as forensic findings, alcohol effects, or trauma responses. Their testimony helps the fact-finder understand technical or scientific information. The military judge determines whether proposed expert testimony is admissible.
Answer: Administrative separation is one possible administrative action that may occur independently of any court-martial. Commanders evaluate a service member’s overall conduct and circumstances when considering such action. Regulations guide how separation boards are convened and conducted.
Answer: Military criminal investigators typically conduct interviews, collect evidence, and prepare reports once an allegation is made. The command may also initiate parallel administrative steps depending on the situation. The results of the investigation help determine the next procedural stage.
Answer: Service members are permitted to retain civilian counsel at their own expense during military proceedings. Civilian attorneys may coordinate with appointed military defense counsel as allowed by procedure. Their involvement is subject to military court rules and access requirements.
Fort Myer, located in Northern Virginia directly adjacent to Arlington National Cemetery and just across the Potomac River from Washington, D.C., occupies a uniquely strategic position within the National Capital Region. Its proximity to key federal institutions, including the Pentagon and major military headquarters, places the installation at the center of national defense activity. The surrounding civilian communities of Arlington, Rosslyn, and Crystal City create a highly integrated environment where military operations and local life intersect daily. The region’s temperate climate and urban terrain shape both year‑round ceremonial duties and operational support functions carried out on the installation.
Fort Myer forms one-half of Joint Base Myer–Henderson Hall, supporting both the U.S. Army and the U.S. Marine Corps. The installation’s mission is heavily centered on ceremonial, security, and senior command support roles that directly serve the National Capital Region. Key units include elements of the 3rd U.S. Infantry Regiment (The Old Guard) and the U.S. Army Band “Pershing’s Own,” whose responsibilities encompass high-visibility ceremonial missions at Arlington National Cemetery and national events. The base also provides critical administrative, logistical, and command support to senior military leadership operating in the Washington, D.C. area.
Fort Myer hosts a diverse mix of soldiers, Marines, and joint-service personnel. While not a large deployable installation, it maintains a steady operational tempo due to constant ceremonial duties, security support requirements, and high-level administrative functions. Daily activity includes training cycles for honor guard missions, readiness requirements for units supporting national ceremonies, and routine operations tied to the region’s broader military infrastructure. The base also supports transient personnel who rotate through the National Capital Region for short-term assignments or specialized duties.
The unique mission environment at Fort Myer means service members may face a range of military justice issues, including investigations, administrative actions, non-judicial punishment, and courts-martial. High operational visibility and demanding ceremonial standards can lead to legal actions that require experienced representation. The military defense lawyers at Gonzalez & Waddington represent servicemembers stationed at Fort Myer in matters involving the UCMJ and related administrative proceedings.
Restricted reporting allows confidential support without triggering an investigation, while unrestricted reporting initiates command and law enforcement action.
Expert witnesses can be used to explain memory, intoxication, perception, trauma, and investigative flaws.
You should not consent to a phone search without legal advice because digital evidence is frequently misinterpreted.
Failure to interview key witnesses can significantly weaken the government’s case and create defense leverage.
An accuser can recant and the case may still proceed if the command believes other evidence supports the allegation.
