Military Sex Crime Defense Lawyers | Rape Attorneys
Sexual Assault Attorneys Article 120 UCMJ
Military Rape Defense Attorneys
Our law firm of aggressive sex crime attorneys has the education to vigorously defend you and your rights in the military justice system. They are some of the most experienced in the field of sexual crime defense. Our hard-hitting military attorneys have decades of sex crime defense experience. If you or a loved one has been accused of a sexual offense such as rape, then act now! Our seasoned civilian military sexual assault defense lawyers will aggressively defend you.
A sex crime is a criminal offense that takes place when a military service member of any rank sexually abuses or instigates a forced sexual encounter through psychological and physical manipulation. We defend all sex offenses under the Uniformed Code of Military Justice.
We have successfully defended and acquitted service members accused of Article 120 UCMJ across the globe. Check out our court-martial case results to learn more. The hard-hitting criminal defense attorneys at Gonzalez & Waddington have earned a reputation for representing service members at US military installations worldwide, such as Korea. Suppose you are under investigation for a military offense. In that case, hiring the most hard-hitting military attorney can be the difference between spending decades in prison versus winning your case or redeeming your career. Our criminal defense attorneys represent people subject to the UCMJ in criminal and administrative matters, including defending Marines suspect of sex assault, adultery, BAH fraud, and other crimes under military law.
Unlike most civilian military criminal defense attorneys or your free attorney, pleading guilty is not something we commonly recommend. Our attorneys force the military to prove their case beyond a reasonable doubt. We take almost every charge to trial and fight the allegations in front of a military jury.
Our court martial outcomes speak for themselves. The accused service member and his or her well-being is our main concern. Our military criminal defense attorneys maintain smaller caseloads than the average free military attorney so that we can concentrate on every trial separately. Your trial will not be outsourced to a random attorney, and we will not intimidate you into a guilty plea at the eleventh hour. Our court-martial defense lawyers have contested US court-martial and ADSEP cases in the United States and around the world.
The maximum punishment for Rape – Article 120, UCMJ – (after 1 January 2019) is:
- Dishonorable Discharge
- Total Forfeiture of all pay and allowances
- Life without eligibility for parole
- Reduction to the grade of E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Types of Rape – Article 120, UCMJ – (after 1 January 2019)
Sample Rape by Force Specification:
In that Sergeant Jon Doe, US Army Garrison, did, at or near Fort Smith, on or about December 25, 2020, commit a sexual act upon Sally Story, by penetrating Sally Story’s (vulva/anus/mouth) with Sergeant Jon Doe’s penis, with an intent to gratify the sexual desire of Sergeant Jon Doe, by using unlawful force.
Sample Rape by Force Likely to Cause Death or Grievous Bodily Harm Specification:
In that Sergeant Jon Doe, US Army Garrison, did, at or near Fort Smith, on or about December 25, 2020, commit a sexual act upon Sally Story, by penetrating Sally Story’s vulva with Sergeant Jon Doe’s penis, with an intent to abuse Sally Story, by using force likely to cause death or grievous bodily harm to Sally Story, to wit: by striking her with his fists and strangling her neck.
Sample Rape by Threatening or Placing in Fear Specification:
In that Sergeant Jon Doe, US Army Garrison, did, at or near Fort Smith, on or about December 25, 2020, commit a sexual act upon Sally Story, by causing contact between Sally Story’s mouth and Sergeant Jon Doe’s penis, with an intent to degrade Sally Story, by placing Sally Story in fear that Sally Story would be subjected to grievous bodily harm.
Sample Rape by First Rendering Unconscious Specification:
In that Sergeant Jon Doe, US Army Garrison, did, at or near Fort Smith, on or about December 25, 2020, commit a sexual act upon Sally Story, by penetrating Sally Story’s anus with Sergeant Jon Doe’s penis, with an intent to gratify the sexual desire of Sergeant Jon Doe, by first rendering Sally Story unconscious by drugging her with Rohypnol.
Sample Rape by Administering Drug/Intoxicant/Other Similar Substance Specification:
In that Sergeant Jon Doe, US Army Garrison, did, at or near Fort Smith, on or about December 25, 2020, commit a sexual act upon Sally Story, by causing contact between Sally Story’s mouth and Sergeant Jon Doe’s penis, with an intent to abuse Sally Story, by administering to Sally Story without the knowledge or permission of Sally Story a drug, to wit: Rohypnol, thereby substantially impairing the ability of Sally Story to appraise or control her conduct.
Elements of Rape – Article 120, UCMJ – (after 1 January 2019)
(1) That (state the time and place alleged), the accused committed (a) sexual act(s) upon (state name of the alleged victim) by (state the alleged sexual act); and
(2) That the accused did so by
(a) using unlawful force against (state the name of the alleged victim).
(b) using force causing or likely to cause death or grievous bodily harm to (state the name of the person alleged), to wit: (state the alleged force).
(c) threatening or placing (state the name of the alleged victim) in fear that (state the name of the person alleged) would be subjected to death, grievous bodily harm, or kidnapping.
(d) first rendering (state the name of the alleged victim) unconscious.
(e) administering to (state the name of the alleged victim) a drug, intoxicant, or other similar substance (by force or threat of force) (without the knowledge or consent of (state the name of the alleged victim)), thereby substantially impairing the ability of (state the name of the alleged victim) to appraise or control his/her conduct.
Military Rape Court Martial Lawyers
Our firm’s founding attorneys, Michael Waddington and Alexandra Gonzalez-Waddington, graduated from Temple University School of Law in Philadelphia, PA. In addition, Mr. Waddington is a member of the American Board of Criminal Lawyers. The ABCL is one of the most esteemed legal groups made up of some of the most influential criminal attorneys in the United States. Entry is by invitation only and is limited to extremely experienced criminal defense attorneys that have a decade of experience defending criminal cases. In addition, they must have defended 50 or more felony cases during this time and must have won 35 or more jury trials.
Also, he was voted a “Super Lawyer” in Georgia and is ranked Superb on AVVO.com. A few of Michael Waddington’s cases were made into television shows, such as “The Kill Team.” He also regularly instructs defense lawyers on trial law.
Our hard-hitting court-martial attorneys will use our skills to fight your court-martial or ADSEP case.
Call today to consult with hard-hitting military criminal defense attorneys
Service members require the best court-martial defense attorneys possible to defend them at their court-martial or administrative separation (ADSEP) hearing.
Military Sex Crimes, Penalties, & Legal Defenses
Our experienced civilian lawyers and their victories set us apart from less seasoned attorneys.
If you or a family member are suspected of a military Article 120 UCMJ crime or if you are facing an administrative discharge, NJP, show cause board, letter of reprimand, then reach out to our civilian attorneys today.
Rape in the Military
Military statutes include numerous sex-related crimes. Military laws try to capture every possible human activity related to sexual misbehavior and deviance. However, military sex crimes can be broken down into rape, aggravated sexual assault, abusive sexual contact, child sex offenses, obscenity, and child pornography offenses.
Our aggressive civilian lawyers and their victories set us apart from less seasoned attorneys.
If you or a loved one are facing a court-martial for a military sexual crime or if you are facing an administrative discharge, non-judicial punishment, show cause board, letter of reprimand, then call our court-martial defense lawyers now.
The suspected service member and his or her desired outcome is our main concern. Our military attorneys maintain smaller caseloads than the usual free defense attorney to concentrate on each case on an individual basis. Your case will not be outsourced to a random lawyer, and we will not intimidate you into a guilty plea at the eleventh hour. Our military criminal defense attorneys have successfully defended court-martial and ADSEP cases in the US and worldwide.
Military sex crimes include:
- Rape
- Aggravated Sexual Contact
- Sexual Assault
- Abusive Sexual Contact
- Forcible Pandering
- Indecent Act
- Deposit of Obscene Matters – Article 120a, UCMJ
- Rape of a Child under Article 120b
- Sexual Abuse of a Child under Article 120b UCMJ
- Sexual Assault of a Child
- Indecent Viewing, Indecent Recording, or Broadcasting/Distribution of an
- Indecent Recording
- Indecent Exposure
- Child Pornography Offenses