Navigating Article 120 UCMJ Charges: Expert Defense Against Military Sexual Assault Allegations
Facing allegations of sexual misconduct or assault under the Uniform Code of Military Justice (UCMJ) can have life-altering consequences for service members. With the military adopting a victim-centered approach, accused individuals often encounter aggressive prosecution from highly motivated and well-resourced military legal teams. In this post, we unpack key insights from criminal defense attorney Alexandra Gonzalez-Waddington’s discussion on Article 120 UCMJ violations and provide critical guidance for those navigating these serious charges.
Understanding Article 120 UCMJ: The Military’s Stance on Sexual Misconduct
Article 120 of the UCMJ addresses sexual assault and related offenses within the military justice system. This statute covers a range of sexual misconduct crimes, including rape, sexual assault, and sexual harassment. The military has intensified its efforts to combat sexual violence, implementing a stringent, victim-focused prosecution strategy. While this approach aims to protect victims and uphold military discipline, it also means accused service members often face a presumption of guilt from the outset.
Attorney Alexandra Gonzalez-Waddington highlights that this victim-centered model has led to zealous prosecution teams who are well-trained and well-funded. Their goal is clear: to send a strong message to Congress and the public that the military will not tolerate sexual misconduct. Unfortunately, this sometimes results in accused individuals confronting overwhelming legal challenges even when allegations are false or unsupported by evidence.
The Challenges Faced by Accused Service Members
Service members accused under Article 120 often find themselves at a significant disadvantage. Gonzalez-Waddington explains that military prosecutors outnumber and outgun assigned defense counsel, creating an uneven playing field. The accused may face court-martials, separation boards, or punitive administrative actions such as letters of reprimand. The presumption of guilt and aggressive prosecution tactics can lead to severe consequences including imprisonment, damage to career prospects, and lasting reputational harm.
Moreover, military law enforcement and prosecutors are trained to “start by believing” the accuser, a policy intended to empower and protect victims but which also raises serious concerns about due process for the accused. False accusations, unfortunately, do occur, and without a strong defense, innocent service members risk becoming statistics in a system that prioritizes convictions.
Why Skilled Civilian Military Defense Lawyers Are Essential
Given the high stakes, it is critical for accused personnel to engage experienced military defense attorneys. Civilian lawyers who specialize in UCMJ cases bring an invaluable perspective and dedication to defending the rights of service members. The law firm González & Waddington, LLC, led by Michael and Alexandra Waddington, exemplifies this expertise. Their team has extensive experience defending Article 120 cases across all branches of the military, including the Army, Navy, Air Force, Marine Corps, and Coast Guard, both within the United States and internationally.
These attorneys understand the complexities of military law and the nuances of court-martial proceedings. They provide aggressive representation aimed at protecting clients’ freedom, careers, and reputations. Their approach involves thorough investigation, challenging evidence, and ensuring due process is respected—even in a system that often presumes guilt.
Taking Action: Protecting Yourself or Your Loved Ones
If you or a loved one is accused of an Article 120 violation, acting quickly is paramount. Early legal intervention can make a significant difference in the outcome. Gonzalez-Waddington advises contacting a seasoned military defense lawyer immediately to begin building a strong defense and counterbalancing the prosecution’s resources and determination.
Remember, accusations do not equate to guilt. With the right legal team, you can effectively challenge false claims, navigate complex military judicial processes, and safeguard your future.
Additional Context: The Broader Impact of Military Sexual Assault Cases
The military’s zero-tolerance stance on sexual assault reflects broader societal efforts to address and prevent sexual violence, including movements like #MeToo. However, this cultural shift also demands balance to ensure justice for all parties involved. False allegations can cause irreparable damage not only to the accused but also to military morale and cohesion.
Legal experts emphasize the importance of transparency, fair investigations, and accountability on both sides. Defense attorneys play a crucial role in safeguarding these principles within the military justice system.
Conclusion
Article 120 UCMJ allegations are among the most serious charges a service member can face, with profound implications for their personal and professional lives. As military prosecution teams grow more aggressive, having knowledgeable and experienced civilian defense attorneys is essential to protect the rights and futures of the accused. If you or someone you know is confronted with such allegations, do not delay in seeking expert legal support.
For dedicated, aggressive defense against Article 120 and other military offenses, contact González & Waddington, LLC at 1-800-921-8607 or visit their website at ucmjdefense.com. Your freedom and reputation depend on the quality of your defense.
Watch the original discussion with Alexandra Gonzalez-Waddington on YouTube: UCMJ Military Defense Lawyers – Article 120 UCMJ Court Martial Attorneys