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Navigating Article 120 UCMJ Allegations at Keesler AFB: What Every Service Member Needs to Know

Navigating Article 120 UCMJ Allegations at Keesler AFB: What Every Service Member Needs to Know

Introduction

Facing allegations of sexual assault or harassment under Article 120 of the Uniform Code of Military Justice (UCMJ) is one of the most serious challenges a military service member can encounter. At Keesler Air Force Base in Mississippi, where military personnel live and work in close community, accusations can have life-altering consequences. Michael Waddington, an experienced criminal defense attorney with over 20 years defending military members, highlights the evolving military justice landscape and the urgent need for accused service members to secure aggressive legal defense. This blog post delves deep into understanding Article 120, recent changes in military justice, and why prompt, knowledgeable legal representation is essential.

Understanding Article 120 UCMJ and Its Implications

Article 120 of the UCMJ addresses sexual assault and related offenses within the military. Charges under this article range from sexual harassment to serious sexual assault and rape allegations. Due to the gravity of these accusations, the military justice system treats them with utmost seriousness.

Michael Waddington emphasizes that if you or a loved one at Keesler AFB faces any such allegations, immediate action is critical. The military’s commitment to eradicating sexual assault means that legal proceedings are often aggressive and relentless.

The Military’s War on Sexual Assault: What Service Members Should Expect

The military justice system has intensified its focus on prosecuting sexual assault cases. Prosecutors are typically well-funded, highly trained, and motivated to secure convictions. This is partly driven by a need to demonstrate to Congress and the public that the military does not tolerate sexual misconduct.

However, this heightened prosecutorial zeal can create a challenging environment for accused individuals. The military’s new victim-centered approach, effective since December 2023, places the alleged victim’s statements at the forefront of investigations without the traditional scrutiny of credibility. This shift means that once an allegation is made, the accused is often presumed guilty during investigations.

The Victim-Centered Approach: Balancing Justice and Fairness

The victim-centered approach aims to support and protect victims of sexual assault. While this is a crucial objective, it has raised concerns about fairness for the accused. According to Waddington, this system does not rigorously assess the truthfulness of allegations at the outset, which can lead to wrongful accusations being treated as credible without sufficient evidence.

In some cases, individuals who have made false or exaggerated claims may avoid punishment, and paradoxically, may even receive benefits such as military sexual trauma recognition. This dynamic challenges the foundational principles of justice where the accused is presumed innocent until proven guilty.

Consequences of an Article 120 Accusation

Being accused under Article 120 can result in severe outcomes beyond criminal prosecution. Even in cases lacking evidence or where innocence is clear, the accused might face administrative actions, disciplinary measures, or court-martial proceedings. These can include administrative separation boards or negative performance reports that can irreparably damage a military career.

Waddington stresses the importance of taking these accusations seriously and acting promptly. Ignoring or downplaying the situation can lead to devastating personal and professional consequences.

Why You Need Experienced Military Defense Lawyers

Given the complexities of the military justice system and the aggressive nature of prosecutions, securing an experienced civilian military defense lawyer is crucial. Michael Waddington and Alexandra Gonzalez-Waddington lead a team specializing in defending service members across military branches and worldwide.

Their expertise spans not only Article 120 allegations but also false accusations, computer crimes, white-collar offenses, and other serious military cases. Their aggressive and informed defense strategies are designed to protect freedom, careers, and reputations in an often unforgiving legal environment.

Additional Insights: How to Protect Yourself and Your Rights

  • Early Legal Counsel: Engage a qualified defense attorney immediately upon suspicion or allegation to navigate investigations effectively.
  • Understanding Your Rights: Know that despite the victim-centered approach, you retain constitutional rights and deserve a fair defense.
  • Avoid Self-Incrimination: Be cautious in communications and avoid discussing the allegations without legal representation.
  • Support Systems: Leverage support networks including family, mental health professionals, and legal advocates.

Conclusion: Stand Up and Fight for Your Future

Facing Article 120 allegations at Keesler AFB or any military installation is daunting, especially in today’s evolving military justice climate. With a system that often presumes guilt and prioritizes victim support, accused service members must be proactive and vigilant in defending their rights.

As Michael Waddington urges, do not become another statistic or a passive victim of the justice system. Take responsibility for your defense, seek expert legal counsel, and fight to protect your freedom, career, and reputation. Early and aggressive legal intervention is your best chance to level the playing field and navigate these serious charges.

For service members at Keesler AFB or elsewhere facing Article 120 UCMJ allegations, contact experienced military defense lawyers like those at González & Waddington, LLC. Their dedicated team understands the military system and will fight tirelessly on your behalf.

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Remember, when it comes to military sexual assault allegations, knowledge, preparation, and expert legal representation are your strongest allies.

Full Transcription

My name is Michael Waddington and I’m a criminal defense attorney. I have been aggressively defending military service members for over 20 years. If you or a loved one are stationed at Keesler Air Force Base in Mississippi and you’re suspected or accused of any crime under the UCMJ, such as an Article 120 sexual assault or sexual harassment, then reach out and speak with one of our experienced military lawyers today. If you are accused of any serious offense under the UCMJ, such as a UCMJ Article 120 sexual assault, then you should be concerned. Right now the military is waging a war on sexual assault. You can expect a zealous and determined prosecution team coming after you and trying to win their case. These elite military prosecution teams are well funded, well trained, and bound and determined to win convictions. They are on a mission to prove to Congress that the military does not tolerate any form of sexual assault, domestic violence, or sexual harassment. Military prosecutors will be relentless in seeking a conviction and serious jail time once they have you in their sights. To make matters worse, under new laws that went into effect in December of 2023, the new military justice system is victim-centered. What that means to you if you’re accused is that if a person makes an allegation against you, they are believed from the start. They won’t probe the credibility of a person making an allegation. They won’t look for any evidence that could disprove the allegation. They’re taking anyone who comes to be a victim and they’re taking their word for it. That also means that people who have made false or exaggerated allegations will not be punished, even if their allegation is proven to be false. If anything, they may be allowed to retire and get military benefits for military sexual trauma, even if the allegation is proven false in court. You can expect to encounter law enforcement trained to start by believing. Therefore, you’re presumed to be guilty once the investigation has started and the law enforcement and prosecutors will act accordingly. Yes, that cuts against your constitutional rights and that cuts against what our country was founded upon and what we stand for, but that’s what you can expect in the military justice system. In this new victim-centered approach, the victim, even if the victim is a lying victim, plays a key role in determining what happens to you. What could end up happening is in a case where there’s no evidence or if you’re in fact innocent, the victim may still insist that you get some sort of punishment. Even if you’re innocent and there is no evidence, do not be surprised that you end up at a court-martial, an administrative separation board, or receiving some sort of negative paperwork such as a letter reprimand. If you are under investigation for any crime under the UCMJ, then you need to stand up and take responsibility for your defense. Don’t become another statistic. Don’t play the victim. Don’t sit back hoping that someone comes to the rescue or that things are going to work out. It’s time to stand up, fight for your freedom, fight for your career, and fight for y

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Navigating Article 120 UCMJ Allegations at Keesler AFB: What Every Service Member Needs to Know

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