Video: Article 134 UCMJ Sexual Harassment in the US Military – Military Defense Lawyers

Accused or suspected of military sexual harassment under Article 134 UCMJ? Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action? Call our experienced sexual harassment military defense lawyers at 1-800-921-8607 for a free consultation.

“Your career, reputation, and even your freedom hang in the balance. A single misstep could derail everything you’ve worked for. This isn’t just a legal matter; it’s a fight for your future.” (Michael Waddington, Military Defense Lawyer, 11 July 2024 Interview).

Facing Article 134 UCMJ, Military Sexual Harassment Allegations? Then call our military defense lawyers today!

Sexual harassment in the US military is a serious problem that has been gaining increasing attention in recent years. The US military is one of the world’s largest and most respected organizations, and its members must be treated with the respect and dignity they deserve. Unfortunately, military sexual harassment has been a pervasive issue in the military for decades and is still a significant problem today.

Updated UCMJ Maximum Punishments Chart – All UCMJ Offenses (2024)

Military Sexual Harassment Defense Lawyers – Article 134 UCMJ

Sexual harassment in the military can take many forms. It can range from unwanted sexual comments and jokes to unwelcome physical advances to threats of retribution for refusing such advances. It is important to note that sexual harassment is not limited to one gender.

Both men and women in the military can experience sexual harassment, though it is more often women who are the targets. This behavior is damaging to the morale and effectiveness of the military, and it must be addressed.

Hiring a Civilian Military Defense Lawyer

Examples of conduct that could constitute a violation of Article 134 UCMJ Sexual Harassment:

1. Inappropriate Comments: Making sexually explicit or suggestive comments to a colleague can be a violation of Article 134 UCMJ Sexual Harassment. Such remarks can create a hostile work environment and make the recipient uncomfortable, undermining unit cohesion.
2. Unwanted Touching: Any non-consensual physical contact, such as touching, hugging, or patting, can be considered Article 134 UCMJ Sexual Harassment. This behavior invades personal boundaries and can cause significant distress.
3. Persistent Sexual Advances: Continuously asking a colleague out on dates despite their clear refusals is a form of Article 134 UCMJ Sexual Harassment. This persistent behavior pressures the individual and disrupts the professional environment.
4. Displaying Pornographic Material: Posting or displaying pornographic images or materials in the workplace constitutes Article 134 UCMJ Sexual Harassment. This can create an offensive and uncomfortable atmosphere for other service members.
5. Sexual Jokes: Telling sexually explicit jokes that offend or embarrass colleagues is considered Article 134 UCMJ Sexual Harassment. These jokes undermine professionalism and respect within the unit.
6. Derogatory Comments About Gender: Making derogatory remarks about someone’s gender, sexual orientation, or appearance can violate Article 134 UCMJ Sexual Harassment. Such comments can be demeaning and discriminatory.
7. Spreading Sexual Rumors: Spreading false or sexually explicit rumors about a colleague can be a form of Article 134 UCMJ Sexual Harassment. This behavior damages reputations and creates a toxic work environment.
8. Sexual Gestures: Making lewd or suggestive gestures can be considered Article 134 UCMJ Sexual Harassment. These actions can intimidate and unsettle colleagues, creating an unsafe work environment.
9. Unwanted Sexting: Sending unsolicited sexually explicit messages or images to a colleague constitutes Article 134 UCMJ Sexual Harassment. This behavior is intrusive and unwelcome, violating the recipient’s privacy.
10. Coercive Sexual Behavior: Pressuring a subordinate into a sexual relationship by implying it will benefit their career is considered Article 134 UCMJ Sexual Harassment. This exploits power dynamics and is highly unethical.
11. Retaliation for Rejection: Punishing or threatening a colleague for rejecting sexual advances constitutes Article 134 UCMJ Sexual Harassment. This creates a coercive and threatening environment, undermining trust and respect.
12. Inappropriate Comments About Appearance: Making unsolicited and sexualized comments about a colleague’s appearance can be considered Article 134 UCMJ Sexual Harassment. This can make the individual feel objectified and uncomfortable.
13. Quid Pro Quo Harassment: Offering career benefits in exchange for sexual favors violates Article 134 UCMJ Sexual Harassment. This form of coercion is unethical and illegal, exploiting the individual’s position.
14. Lewd Emails: Sending sexually explicit emails to colleagues constitutes Article 134 UCMJ Sexual Harassment. These communications are unprofessional and offensive, disrupting the workplace environment.
15. Exposing Private Body Parts: Deliberately exposing private body parts to a colleague is a form of Article 134 UCMJ Sexual Harassment. This behavior is highly inappropriate and disturbing, violating workplace decorum.
16. Sexually Motivated Stalking: Following or monitoring a colleague in a way that is sexually motivated and unwelcome can be considered Article 134 UCMJ Sexual Harassment. This creates fear and anxiety for the victim.
17. Inappropriate Social Media Conduct: Making sexual comments or sharing explicit content about colleagues on social media can constitute Article 134 UCMJ Sexual Harassment. This behavior extends harassment into the digital realm.
18. Suggestive Gifts: Giving gifts with sexual implications to a colleague can be considered Article 134 UCMJ Sexual Harassment. Such gifts can make the recipient feel uncomfortable and pressured.
19. Persistent Flirting: Continuously flirting with a colleague who has expressed disinterest can violate Article 134 UCMJ Sexual Harassment. This behavior can be seen as intrusive and unwelcome.
20. Sexual Bragging: Talking about sexual exploits or conquests in the workplace can be considered Article 134 UCMJ Sexual Harassment. This can create an offensive environment and undermine professionalism.
21. Obscene Phone Calls: Making sexually explicit or suggestive phone calls to a colleague constitutes Article 134 UCMJ Sexual Harassment. This is intrusive and unsettling, violating the recipient’s privacy.
22. Commenting on Sexual Orientation: Making derogatory or suggestive comments about a colleague’s sexual orientation can be considered Article 134 UCMJ Sexual Harassment. This behavior is discriminatory and offensive.
23. Mocking Gender Identity: Ridiculing or questioning a colleague’s gender identity in a sexual manner violates Article 134 UCMJ Sexual Harassment. This can cause significant distress and discomfort.
24. Inappropriate Physical Proximity: Invading a colleague’s personal space with sexual intentions can be considered Article 134 UCMJ Sexual Harassment. This can make the individual feel threatened and unsafe.
25. Hostile Work Environment: Creating a work environment that is sexually hostile or offensive to colleagues can be deemed Article 134 UCMJ Sexual Harassment. This undermines professionalism and respect.
26. Sexual Favors for Employment Decisions: Conditioning employment decisions on the granting of sexual favors violates Article 134 UCMJ Sexual Harassment. This is a form of coercion and exploitation.
27. Ignoring Sexual Harassment Complaints: Failing to address complaints of sexual harassment can be considered a violation under Article 134 UCMJ Sexual Harassment. This neglect allows harassment to continue unaddressed.
28. Sexually Explicit Conversations: Engaging in sexually explicit conversations in the workplace can be considered Article 134 UCMJ Sexual Harassment. This behavior is unprofessional and offensive to others.
29. Sexual Teasing: Teasing or mocking a colleague in a sexual manner can be considered Article 134 UCMJ Sexual Harassment. This can create a hostile and uncomfortable work environment.
30. Non-Consensual Sexual Photos: Taking or distributing sexual photos of colleagues without their consent constitutes Article 134 UCMJ Sexual Harassment. This is a severe invasion of privacy and dignity.

These examples demonstrate how various forms of inappropriate and unwelcome conduct can violate Article 134 UCMJ Sexual Harassment, impacting the professional environment and the well-being of service members.

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Department of Defense Policies on Military Sexual Harassment

In response to the problem of sexual harassment in the military, the Department of Defense, Army, Navy, Air Force, Marine Corps, and Coast Guard have taken several steps to combat it. For example, in 2021, the Department of Defense implemented a new policy requiring all military members to receive training on preventing military sexual harassment.

The training includes information on recognizing and reporting harassment, resources for harassment victims, and consequences for engaging in inappropriate behavior. This policy is intended to create a culture of respect and accountability in the military and ensure that all members know the severity of sexual harassment and its consequences.

Additionally, the Department of Defense has established a comprehensive system of investigation and accountability for those who engage in military sexual harassment.

This system includes the establishment of reporting channels, both formal and informal, and the use of special investigators who are trained to handle cases of sexual harassment in the military. Those found to have engaged in sexual harassment are subject to disciplinary action, including court-martial and dismissal from the service.

Finally, the Department of Defense has implemented a zero-tolerance policy for military sexual harassment in the military. This policy states that any form of sexual harassment is unacceptable and that those who engage in it will be held accountable for their actions. This policy is intended to create a culture of respect and accountability in the military and clarify to all members that sexual harassment will not be tolerated.

Sexual harassment in the US military is a serious problem that must be addressed. The Department of Defense has taken significant steps to combat it, including establishing training programs, a comprehensive system of investigation and accountability, and a zero-tolerance policy.

These measures are essential to ensuring that all military members are treated with the respect they deserve and that military sexual harassment is not tolerated.

What can civilian defense counsel do in military sexual harassment court-martials?

In a military court-martial, a civilian defense counsel is a lawyer who is not a military member and is retained by the accused service member to represent them in their legal proceedings.

Civilian defense counsel can play a vital role in military court-martials, as they bring a fresh perspective and an outside voice to the proceedings.
There are a few key ways in which civilian defense counsel can assist in military court-martials:

• Providing legal representation: Civilian defense counsel can represent the accused service member in court, advocating and ensuring their rights are protected.
• Advising the accused: Civilian defense counsel can guide and advise the accused service member throughout the legal process, helping them understand their options and the consequences of their decisions.
• Negotiating with the prosecution: In some cases, civilian defense counsel may be able to negotiate a plea bargain or other resolution to the case with the prosecution, helping to avoid a lengthy and costly trial.
• Conducting investigations: Civilian defense counsel may conduct their investigations into the allegations against the accused service member, gathering evidence and witness testimony to build a defense.

Overall, civilian defense counsel can play a vital role in military court-martials by providing skilled legal representation and advocacy for the accused service member.

What Does Military Sexual Harassment Look Like?

What does sexual harassment look like? It’s prevalent in today’s workplace. Unfortunately, some people do not know what to do in this situation. The following tips can help you deal with harassing behavior in the workplace. Keep reading to learn more about the warning signs of sexual harassment.

The first step in dealing with harassment is letting the harasser know. Then, seek out an authority figure to protect yourself. It’s also a good idea to learn about stalking behavior, which may also be present.

• Unsolicited sexual images: Sending sexual photos to another person without permission can be considered sexual harassment. This is because it can make the recipient feel violated. Similarly, leering, constantly staring at another person, may be considered military sexual harassment. It can make the victim feel uncomfortable. Additionally, leering is hard for others to detect and may even make the victim quieter when speaking up.
• – Tell the perpetrator to stop the behavior: While most people assume that military sexual harassment is a violation of the law, it’s essential to realize that this is not the only way to report sexual harassment in the workplace. It can occur in many circumstances, from sexy jokes to making the victim feel uncomfortable. Some types of sexually-related harassment are sexually explicit pictures, emails, and texts.
• Tell the perpetrator to stop harassing you. The harassment must stop. The victim must feel safe to report the conduct to the proper authorities. If the perpetrator continues to do this, the employer could lose the right to fire them. Therefore, the perpetrator must stop exposing the victim. In these cases, the harassment is an act of sexism and needs to be stopped.
• – Be aware of sexually harassing behavior. It can take many forms. It can involve unwanted comments, images, or text messages. Sometimes, the victim is attacked because of her appearance or private life. They are often the targets of rape, sexually violent comments, or unwanted touching. Among these, the recipient will not be able to report the incident. Instead, a victim must report the harassment to the appropriate authorities.
• Be careful with your behavior. Unless you are threatened, you shouldn’t engage in sexually harassing behavior. There are many signs of sexual harassment. For example, be wary of their body language and voice if you are uncomfortable with someone. When a person demonstrates these signs, it may signify sexual harassment. On the other hand, if it is sexy, it might be a criminal offense.
• Physically harassing behavior. Whether the harassment is verbal or physical, it is unacceptable. An attack can include a sexually offensive comment or even an assault. An attacker can also threaten the victim by making her feel uncomfortable. It is a violation of her right to free speech. So, it is vital to seek legal action if they are accused of sexual harassment. Once you have been fired, you may not want to go through the process of filing a complaint.

Sexual harassment can be any form of behavior that is offensive to a person. For example, unsolicited sexual images can be sent to a person without permission. They can make a person feel uncomfortable and violated. Likewise, leering is a type of sexual behavior that is not allowed and is considered illegal. If the perpetrator has a history of harassing women, this is a major red flag.

While it can be difficult to identify sexual harassment in the workplace, there are ways to report it. The most obvious of these signs is sexually harassing behavior. It may include unwelcome touching, standing too close, groping, and even making jokes about a person’s sexual orientation. In addition, if a person feels pressured to engage in sexual activity, it’s a form of harassment.

Moreover, it may include sending unwanted, sexually explicit photos, emails, and text messages.

What is Sexual Harassment in the US military? Is it a crime and in violation of the UCMJ?

“Sexual harassment” describes inappropriate sexual behavior that does not require consent. This can be anything from an object, magazine, or sign meant to suggest a sexual act to an act that is not romantic.

The most common examples of this type of harassment involve street harassers who make sexist comments about a woman’s body as she walks the streets, coworkers who refuse to stop touching a woman, and landlords who won’t fix a sink because she didn’t pay the bill.

What is sexual harassment? 

Military sexual harassment can be a legal problem and is a criminal offense in the US military (Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard). The Equality Act 2010 considers this behavior to be unlawful. However, there are some instances where it is legal.

If you feel you’ve been a victim of sexual harassment, you have the right to take action. You can file a civil suit or complain to the appropriate authority. If you are being harassed at work, there are some things you can do. Manual for Courts-Martial, United States (2024 ed.)

Quid pro quo: The term’ quid pro quo’ means “to exchange.” 

Usually, a woman exchanges sexual favors in return for something else, such as favorable treatment, a promotion, or better pay. This type of sexual harassment is especially harmful because it can escalate from mild harassment to violent acts.

The law recognizes the right of women to protect themselves and other women from harassment. However, the definition of a hostile workplace is comprehensive, so the workplace must have a policy or procedure to prevent it.

If a woman is being harassed, she is entitled to make a complaint. Not only are there legal rights to seek justice, but the victim may also experience retaliation and isolation. If a victim of harassment decides to file a lawsuit, she can expect the perpetrator to face a disciplinary hearing and a fine. In addition, a case can take years, so it is vital to seek help quickly.

A hostile work environment is a workplace in which an employee feels uncomfortable. This can include unwelcome sexual remarks, pictures, and conduct. The definition of a hostile work environment is often broad, and some cases are more specific than others.

The case must be based on the facts and circumstances of the individual, but the prevailing law covers the entire workplace. For example, if the perpetrator is a person with discriminatory intent, it is considered a harassment violation.

The definition of military sexual harassment varies widely and reflects the way it occurs. Generally, it’s an unwanted act or speech directed toward another person. Harassing the person must be intended to cause alarm or distress.

For example, it’s illegal to use language that implies a sexual relationship or to ask for a date from someone you do not know. This is also a violation of the law. Those involved in such situations may need to file separate charges, which can result in jail time.

In general, sexual harassment is any unwanted behavior directed against another person. It can involve verbal behavior, jokes, slurs, or inappropriate acts. It can also include nonverbal behaviors like sending threatening or abusive texts to a victim. These types of actions can constitute harassment.

As a result, you may need to file a formal complaint against an offender for your safety. If sexual harassment is not confined to the workplace, you can file a separate complaint for retaliation.

Sexual harassment can be an act of intimidation or a request for sexual favors. It’s illegal for both men and women to engage in this behavior. In some cases, it’s unlawful to make sexual advances toward a person because of their gender.

The goal of harassment is to impede the victim from fulfilling their duties. It’s not about age but the motive behind the behavior. It’s about sex, and you should act accordingly.

Sexual harassment can be illegal in many settings. In modern legal contexts, it’s generally considered to be any unwanted sexual acts directed against specific individuals or groups of people.

These acts may include verbal, nonverbal, and nonsexual behavior. Other examples of nonverbal behaviors include posting, letters, and graffiti. And there’s no need to stop harassing another person because the latter may not be guilty of sexual harassment.

Quotes and Statistics from DoD Annual Report on Sexual Assault and SexualHarassment in the Military for FY2022

Number of Reports

“The Department received 8,942 reports of sexual assault involving Service members as victims and/or subjects in FY 2022, an increase of one percent from the 8,866 reports received in FY 2021.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 2

Unrestricted and Restricted Reports

“Of the 8,942 reports, 5,941 were Unrestricted Reports of sexual assault and 3,001 were Restricted Reports at the end of the year.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 2

Case Outcomes

“The Military Departments reported case outcomes (dispositions) for 3,928 cases in Fiscal Year 2022.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 3

Command Jurisdiction

“Of those 3,928 cases, military commanders had sufficient authority and/or jurisdiction to consider 3,188 cases for possible action against the accused.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 3

Victim Participation

“About a fifth (18 percent) of Service members making Restricted Reports converted to Unrestricted Reports and participated in the military justice process.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 19

Prevention Workforce

“In 2022, the Department created a model for a primary prevention workforce and developed a professional credential for prevention workforce members.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 5

Special Trial Counsel

“Legislation in the Fiscal Year 2022 and 2023 National Defense Authorization Acts required the establishment of Offices of Special Trial Counsel in the Army, Navy, Marine Corps, and Department of the Air Force.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 5

Reporting Channels

“The Department encourages greater reporting to promote more help-seeking by Service members and to hold alleged offenders appropriately accountable.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 2

Support for Victims

“The SHL is the Department’s sole crisis support service specially dedicated to members of the DoD community affected by sexual assault.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 21

Reporting Trends

“Reports of sexual assault are categorized as either Restricted or Unrestricted. Of the 8,942 reports received in FY22, 3,001 reports remained Restricted at the end of the year.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 19

Case Outcomes by Commanders

“Commanders had sufficient evidence to take disciplinary action in 66 percent of accused members’ cases.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 19

CATCH Program

“Since its launch in August 2019, the CATCH Program has received 1,614 total victim submissions resulting in 63 matches as of September 30, 2022.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 20

Impact on Readiness

“Sexual assault and sexual harassment remain persistent challenges across the Military Services. It is for this reason the Secretary of Defense took immediate action to reduce these harmful behaviors.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 7

Prevention and Response Initiatives

“The Department continues to implement historic reforms to fundamentally change how sexual assault is addressed in the military.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 10

Men’s SAPR Campaign

“In FY21, the Department released the Men’s SAPR Communication Campaign to increase awareness that men are victims of sexual assault and encourage men who experience sexual assault to access resources and support.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 9

Evaluation and Audits

“Regular audits and assessments are necessary to maintain the integrity and effectiveness of the SHARP program.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 72

Special Victims’ Counsel

“The Army should increase the number of Special Victims’ Counsel and other support personnel to ensure that all victims receive the care and support they need.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 64

SHL Usage

“In FY22, 35,501 users (27,050 online users and 8,451 phone users) contacted SHL for services.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 21

New Policies

“New policies were implemented to ensure better support for victims and to hold perpetrators accountable.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 6

Command Accountability

“The Department emphasized the importance of command accountability in addressing and preventing sexual assault in the military.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 8

Data Collection

“Enhanced data collection methods were introduced to better understand the scope and nature of sexual assault in the military.”
DoD Annual Report on Sexual Assault in the Military, FY2022, p. 12