Navigating Article 120 UCMJ Allegations at Fort Benning: Expert Defense Strategies for Military Sexual Assault and Misconduct Charges
Facing allegations under Article 120 of the Uniform Code of Military Justice (UCMJ) can be an overwhelming and life-altering experience for any service member stationed at Fort Benning, Georgia (formerly Fort Benning). Whether accused of military sexual assault, domestic violence, or sexual harassment, the stakes are incredibly high, and the military’s approach to such cases has become increasingly aggressive and victim-centered. In this post, we dive into the realities of Article 120 allegations, the challenges defendants face, and how expert military defense attorneys like Alexandra Gonzalez-Waddington can help protect your rights and future.
Understanding Article 120 UCMJ: What It Covers
Article 120 UCMJ deals specifically with sexual assault and related offenses within the military justice system. It covers a spectrum of misconduct including rape, sexual assault, aggravated sexual contact, and abusive sexual contact. The article also encompasses sexual harassment allegations and domestic violence incidents that intersect with sexual misconduct claims.
The military takes these allegations extremely seriously, implementing a victim-centered approach intended to ensure that victims’ voices are heard and protected. While this is essential for justice and support for survivors, it also means that accused service members often face a presumption of guilt at the outset, making the defense process highly challenging.
The Military’s Aggressive Prosecution Approach
As Alexandra Gonzalez-Waddington emphasizes, prosecution teams handling Article 120 cases at Fort Benning are well-trained, well-funded, and highly motivated. Their goal is to demonstrate to Congress and the military leadership that sexual misconduct will not be tolerated anywhere within the ranks. This approach results in:
- Swift and determined investigations.
- A strong presumption that the accused is guilty.
- Zealous prosecutors who outnumber and outgun defense counsel.
- Potentially severe punishments, including court-martial, separation boards, reprimands, and incarceration.
The military’s emphasis on believing alleged victims means that even unfounded or false allegations can trigger significant legal and career consequences for the accused. This dynamic makes early and expert legal intervention crucial.
Challenges Faced by the Accused
One of the toughest realities for service members accused under Article 120 is the shift in investigative and prosecutorial mindset. Law enforcement and military prosecutors are now trained to “start by believing” the accuser. While this policy supports victims, it can inadvertently bias the process against the accused, often before evidence is fully gathered or evaluated.
This means that:
- Service members may face immediate administrative actions or restrictions.
- Military defense counsel assigned through the military justice system may be outmatched by prosecution resources.
- False accusations or misunderstandings can escalate quickly to formal charges and court-martial proceedings.
Given these challenges, relying solely on assigned defense counsel may leave accused individuals vulnerable to unfavorable outcomes.
The Importance of Experienced Civilian Military Defense Attorneys
Alexandra Gonzalez-Waddington and her partner Michael Waddington, founding attorneys of González & Waddington, LLC, bring decades of combined experience defending military clients in state, federal, and military courts worldwide. Their expertise spans:
- Article 120 UCMJ sexual assault and harassment cases.
- Domestic violence allegations within the military context.
- False accusations and complex criminal defense strategies.
- Protecting careers, reputations, and personal freedoms through aggressive and strategic defense.
With intimate knowledge of military procedures and a track record of fighting for the accused, civilian defense attorneys like Gonzalez-Waddington level the playing field against powerful military prosecutors. They provide:
- Personalized defense strategies tailored to each client’s unique circumstances.
- Thorough investigations to challenge weak or unsupported allegations.
- Clear communication and guidance throughout the legal process.
- Advocacy to minimize the impact of accusations on military careers and civilian lives.
What Should You Do If You’re Facing an Article 120 Investigation?
If you or a loved one are under investigation or accused of violating Article 120 at Fort Benning, immediate action is critical. Here are key steps to consider:
- Contact an experienced military defense lawyer immediately. Early legal advice can prevent missteps and help protect your rights.
- Do not speak to investigators or prosecutors without counsel present. Anything you say can be used against you.
- Gather and preserve any evidence that supports your defense. Documentation and witness statements can be crucial.
- Stay informed about your case status and legal options. Understanding the process empowers you to make better decisions.
Failing to take prompt and informed action can result in severe and lasting consequences, including court-martial convictions and separation from military service.
Final Thoughts: Protecting Your Future in the Face of Article 120 Allegations
Military sexual assault and misconduct allegations under Article 120 UCMJ at Fort Benning represent some of the most serious charges a service member can face. The military justice system’s current environment is highly charged, with prosecutors aggressively pursuing convictions to demonstrate zero tolerance for these offenses.
However, being accused does not mean you are automatically guilty. With the right legal team—one that understands military law, the nuances of Article 120, and the aggressive nature of military prosecutions—you can mount a strong defense. Attorneys like Alexandra Gonzalez-Waddington are dedicated to protecting your rights, reputation, and future.
If you or someone you know is facing Article 120 allegations at Fort Benning, do not wait. Contact González & Waddington, LLC today at 1-800-921-8607 or visit https://ucmjdefense.com to schedule a confidential consultation and secure the defense you deserve.
Remember, in the military justice system, knowledge, preparation, and experienced advocacy can make all the difference.