False Sexual Abuse Of The Child Defense Attorneys

Falsely Accused of Sexual Abuse of a Child?

Call Our Experienced Child Sex Crime Attorneys

Our team of aggressive sex crime attorneys has the firepower to aggressively represent your charges in the military justice system. They are some of the most experienced in the field of rape defense. Our seasoned civilian attorneys have decades of sex crime defense experience. If you or a loved one has been accused of a sexual offense such as Sexual Abuse of a Child, then act now! Our seasoned criminal defense attorneys will have your back.

A sexual crime is a criminal offense that occurs when a military service member sexually abuses or instigates a forced sexual encounter through psychological and physical force.

We have successfully defended and acquitted Sailors throughout the USA. Check out our court-martial case results to learn more.

The experienced military lawyers at Gonzalez & Waddington have gained a reputation for defending service members at US military bases around the world, such as Korea. Suppose you are under investigation for a military crime. In that case, hiring the most hard-hitting court-martial lawyer can be the difference between losing your case versus winning your trial or redeeming your career. Our court-martial lawyers represent military service members in both UCMJ and administrative matters, including representing members accused of sex assault, drug use, and other offenses under military law.

Unlike most civilian military attorneys or your assigned attorney, pleading guilty is not something we commonly do. Instead, our lawyers make the prosecution prove their case beyond a reasonable doubt. Then, we take almost every case to trial and fight the charges in front of a military jury.

There are four types of Sexual Abuse of a Child under Article 120b:

Sexual Abuse of a Child Involving Sexual Contact
Sexual Abuse of a Child Involving Indecent Exposure
Sexual Abuse of a Child Involving Indecent Communication
Sexual Abuse of a Child Involving Indecent Conduct

The Maximum Punishment for Sexual Abuse of a Child, Article 120b, in cases involving sexual contact:

Dishonorable Discharge
Total Forfeiture of all pay and allowances
Confinement for 20 years
Reduction to the grade of E-1
If convicted of Sexual Abuse of a Child, the service member will also have to register as a sex offender.

The Maximum Punishment for Sexual Abuse of a Child, Article 120b, in cases not involving sexual contact:

Dishonorable Discharge
Total Forfeiture of all pay and allowances
Confinement for 15 years
Reduction to the grade of E-1
If convicted of Sexual Abuse of a Child, the service member will also have to register as a sex offender.

Sample Specification for Sexual Abuse of a Child Involving Sexual Contact, Article 120b, UCMJ:

In that SGT Bill Skeen, US Army, did at or near Fort Lewis, WA, on or about May 2, 2022, commit a lewd act upon Tammy Doe, a child who had not attained the age of 16 years, by touching the vulva of Tammy Doe, with SGT Bill Skeen’s fingers, with an intent to abuse Tammy Doe.

Sample Specification for Sexual Abuse of a Child Involving Indecent Exposure, Article 120b, UCMJ:

In that SPC Will Dill, US Army, did at or near Fort Polk, LA, on or about June 7, 2021, commit a lewd act upon Susan Doe, a child who had not attained the age of 16 years, by intentionally exposing his genitalia to Susan Doe, with an intent to gratify the sexual desire of SPC Will Dill.

Sample Specification for Sexual Abuse of a Child Involving Indecent Communication, Article 120b, UCMJ:

In that SrA Gil Lopo, US Air Force, did at or near Tinker Air Force Base, OK, on or about March 1, 2023, commit a lewd act upon Becca Doe, a child who had not attained the age of 16 years, by intentionally communicating to Becca Doe indecent language to wit: “I want to &%^*% you,” with an intent to arouse the sexual desire of SrA Gil Lopo.

Sample Specification for Sexual Abuse of a Child Involving Indecent Conduct, Article 120b, UCMJ:

In that Sergeant Skip Skolly, US Marine Corps, did at or near Camp Foster, Japan, on or about October 19, 2021, commit a lewd act upon Tom Doe, a child who had not attained the age of 16 years, by engaging in indecent conduct, to wit: masturbate while naked, intentionally done in the presence of Tom Doe, which conduct amounted to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

Military sex crimes include:

Elements of Sexual Abuse of a Child Involving Sexual Contact,:

Each element must be proven beyond a reasonable doubt by the prosecution.
(1) That (state the time and place alleged), the accused committed a lewd act upon (state the name of the alleged victim), by (state the alleged sexual contact); and
(2) That at the time of the lewd act (state the name of the alleged victim) had not attained the age of 16 years.

Elements of Sexual Abuse of a Child Involving Indecent Exposure:

Each element must be proven beyond a reasonable doubt by the prosecution.
(1) That (state the time and place alleged), the accused committed a lewd act upon (state the name of the alleged victim), by intentionally (state the alleged exposure or communication); and
(2) That at the time of the lewd act (state the name of the alleged victim) had not attained the age of 16 years.

Elements of Sexual Abuse of a Child Involving Indecent Communication:

Each element must be proven beyond a reasonable doubt by the prosecution.
(1) That (state the time and place alleged), the accused committed a lewd act upon (state the name of the alleged victim), by intentionally (state the alleged exposure or communication); and
(2) That at the time of the lewd act (state the name of the alleged victim) had not attained the age of 16 years.

Elements of Sexual Abuse of a Child Involving Indecent Conduct:

Each element must be proven beyond a reasonable doubt by the prosecution.
(1) That (state the time and place alleged), the accused committed a lewd act upon (state the name of the alleged victim), by engaging in indecent conduct, to wit: (state the alleged indecent conduct); and
(2) That at the time of the lewd act (state the name of the alleged victim) had not attained the age of 16 years.

Definitions and Other Instructions for :

“Lewd act” means:

(A) any sexual contact with a child;

(B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;

(C) intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or

(D) any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

“Sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.

“Child” means any person who has not attained the age of 16 years.

The prosecution is not required to prove the accused knew the age of (state the name of the alleged victim) at the time the alleged sexual act(s) occurred.

NOTE 1: Mistake of fact as to age.

Mistake of fact as to age is an affirmative defense to sexual abuse of a child, if the child had in fact attained the age of 12 years. If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that mistake existed. When mistake of fact as to age has been raised, include the following instruction. The burden of proof in the instruction below is as provided in the statute.

The evidence has raised the issue of mistake on the part of the accused concerning the offense(s) of sexual abuse of a child, as alleged in (the) Specification(s) (___) of (the) (A Dishonorable discharge) Charge (___). Specifically, the mistake concerns the accused’s belief that (state the name of the alleged victim) was at least 16 years of age, when the alleged lewd act(s) occurred.

First, if you find beyond a reasonable doubt that (state the name of the alleged victim) had not attained the age of 12 years, the defense of mistake of fact does not exist. The defense of mistake of fact can only be considered, as described below, if you find beyond a reasonable doubt that (state the name of the alleged victim) had attained the age of 12 but had not attained the age of 16.

The prosecution is not required to prove the accused knew that (state the name of the alleged victim) had not attained the age of 16 years at the time the alleged lewd act(s) occurred. However, an honest and reasonable mistake of fact as to (state the name of the alleged victim)’s age is a defense to (that) (those) charged offense(s).

“Mistake of fact as to age” means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person engaging in the sexual conduct was at least 16 years old. The ignorance or mistake must have existed in the mind of the accused and must have been reasonable under all the circumstances. To be reasonable the ignorance or mistake must have been based on information, or lack of it, which would indicate to a reasonable person that (state the name of the alleged victim) was at least 16 years old. (Additionally, the ignorance or mistake cannot be based on the negligent failure to discover the true facts. Negligence is the absence of due care. Due care is what a reasonably careful person would do under the same or similar circumstances.)

The burden is on the defense to establish the accused was under this mistaken belief, by a preponderance of the evidence. A “preponderance” means more likely than not. If you are not convinced by a preponderance of the evidence that, at the time of the charged sexual abuse of a child, the accused was under a mistaken belief that (state the name of the alleged victim) was at least 16 years old, the defense does not exist. Even if you conclude the accused was under the honest and mistaken belief that (state the name of the alleged victim) was at least 16 years old, if you are not convinced by preponderance of the evidence that, at the time of the charged sexual abuse of a child, the accused’s mistake was reasonable, the defense does not exist.

NOTE 2: Voluntary intoxication and mistake of fact as to age. If there is evidence of the accused’s voluntary intoxication, the following instruction is appropriate:

There is evidence in this case that indicates that, at the time of the alleged sexual abuse of a child, the accused may have been under the influence of (alcohol) (drugs). The accused’s state of voluntary intoxication, if any, at the time of the offense is not relevant to mistake of fact. A mistaken belief that (state the name of the alleged victim) was at least 16 years of age must be that which a reasonably careful, ordinary, prudent, sober adult would have had under the circumstances at the time of the offense. Voluntary intoxication does not permit what would be an unreasonable belief in the mind of a sober person to be considered reasonable because the person is intoxicated.

NOTE 3: Marriage. Marriage is an affirmative defense to sexual abuse of a child. If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that a marriage existed. When marriage between the accused and the alleged victim of the sexual abuse of a child has been raised, include the following instruction:

The evidence has raised the issue of marriage between the accused and (state the name of the alleged victim) concerning the offense(s) of sexual abuse of a child, as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___).

It is a defense to (that) (those) charged offense(s) that the accused and (state the name of the alleged victim) were married to each other when the lewd act(s) occurred. A “marriage” is a relationship, recognized by the laws of a competent State or foreign jurisdiction, between the accused and (state the name of the alleged victim) as spouses. A marriage exists until it is dissolved in accordance with the laws of a competent State or foreign jurisdiction.

The defense of marriage does not exist where the accused commits the alleged lewd act(s) upon (state the name of the alleged victim) when the accused knows or reasonably should know that she / he is asleep, unconscious or otherwise unaware that the lewd act(s) (is) (are) occurring or when she / he is incapable of consenting to the lewd act(s) due to impairment by any drug, intoxicant or other similar substance, and that condition was known or reasonably should have been known by the accused.

The defense has the burden of proving by a preponderance of the evidence that the defense of marriage exists. The term “preponderance” means more likely than not. Therefore, unless you are convinced by a preponderance of the evidence that at the time of the lewd act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, the defense of marriage does not exist.

Even if you are convinced by a preponderance of the evidence that at the time of the lewd act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, if you are not also convinced by a preponderance of the evidence that (state the name of the alleged victim) was not (asleep, unconscious or otherwise unaware of the lewd act(s) occurring) (incapable of consenting to the lewd act(s) due to impairment by any drug, intoxicant or other similar substance) or that the accused was not aware of and should not have been aware of such condition, the defense of marriage does not exist.

NOTE 4: Other instructions.
Instruction 7-3, Circumstantial Evidence (Intent)
Instruction 6-5, Partial Mental Responsibility
Instruction 5-17, Evidence Negating Mens Rea
Instruction 5-12, Voluntary Intoxication, may be appropriate, as bearing on the issue of intent, if the intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person is in issue.

Sexual Abuse of a Child Military Lawyers

Our firm’s founding partners, Michael Waddington and Alexandra Gonzalez-Waddington, graduated from Temple Law School in Philadelphia, PA. In addition, Mr. Waddington is a member of the American Board of Criminal Lawyers. The ABCL is known as one of the most prestigious legal organizations comprised of some high-powered defense attorneys in the USA. Entry is by invitation only and is limited to extremely qualified criminal attorneys with a decade of experience defending criminal trials. In addition, they must have defended 50 or more felony trials and must have won 35 or more jury trials during this time.

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 “Taxi to the Dark Side.” He also regularly instructs defense attorneys on trial law.
Our experienced military defense attorneys will use our experience to defend your court-martial or ADSEP case.

Call today to speak with a hard-hitting military criminal defense attorneys.

Army, Navy, Marine Corps, Air Force, and Coast Guard personnel merit the best military lawyers possible to defend them at their court-martial or ADSEP hearing.

Military Sex Crimes, Penalties, & Legal Defenses

Our aggressive civilian attorneys and their outcomes set us apart from less seasoned attorneys.

If you or a family member are facing a court-martial for a military sexual assault or if you are facing an administrative discharge, NJP, show cause board, letter of reprimand, then contact our military defense attorneys now.

Sexual Abuse of a Child – Sexual Behavior in the Military

Military laws include numerous sexual offenses. Military laws try to capture every possible human activity related to sexual misconduct and deviance. However, military sex crimes can be broken down into rape, aggravated sexual assault, abusive sexual contact, child sex crimes, obscenity, and child pornography crimes.

Our hard-hitting civilian lawyers and their victories speak for themselves from less aggressive attorneys.

If you or a loved one are suspected of a military Article 120 crime or if you are facing an administrative separation, NJP, show cause board, letter of reprimand, then reach out to our defense attorneys now.

The accused service member and his or her desired outcome is our main concern. Our military defense attorneys maintain lighter caseloads than the typical free military defense attorney so that we can concentrate on every case individually. Your case will not be outsourced to a random lawyer, and we will not intimidate you into taking a dive at the eleventh hour. Our military defense lawyers have successfully fought US Army court-martial and ADSEP cases in the United States and worldwide.

Sexual Abuse of a Child court-martial attorneys

Frequently Asked Questions

1- What should I do if I’m falsely accused of sexual abuse of a child?

First, remain calm and do not confront the accuser. Immediately contact a lawyer who specializes in criminal defense, especially cases involving sexual abuse. It’s important to have legal representation to guide you through the process.

2- Can I talk to the child or their family to resolve the issue?

No, it is strongly advised not to communicate with the child or their family. Anything you say can be misconstrued and used against you in court. Let your lawyer handle all communications.

3- How can I prove my innocence?

Your lawyer will help gather evidence, including alibis, witness testimonies, and any other relevant information that can support your case. They may also work with experts to challenge the credibility of the accusation.

4- What are the potential legal consequences of a false accusation?

If convicted, consequences can include prison time, mandatory registration as a sex offender, and severe damage to your personal and professional life. This is why it is crucial to have a strong legal defense.

5- Can the accuser be punished for making false allegations?

Yes, if it can be proven that the accusations were knowingly false, the accuser can face legal consequences such as charges of perjury, false reporting, or defamation. However, proving this can be challenging.

6- How long does the legal process take?

The duration of the legal process can vary greatly depending on the complexity of the case, the evidence presented, and the court’s schedule. It can take several months to years for a case to be resolved.

7- What should I do if I’m arrested?

If you are arrested, exercise your right to remain silent and ask for a lawyer immediately. Do not discuss the case with the police without your lawyer present.

8- How can a false accusation impact my life?

Even if you are not convicted, a false accusation can harm your reputation, career, and personal relationships. It is essential to manage the situation carefully and seek support from trusted friends, family, and professionals.

9- Can I sue for defamation if I’m falsely accused?

Yes, you can sue for defamation if you can prove that the accusations were false and made with malicious intent. Consult with your lawyer about the possibility and the best course of action.

10- What support resources are available for those falsely accused?

There are organizations and support groups that help individuals falsely accused of crimes. Your lawyer can also provide guidance on accessing psychological support and counseling services.