Military Article 120b UCMJ – Child Sexual Abuse Defense Lawyer – Court Martial Attorneys

Understanding Article 120b UCMJ: One of the Most Serious Charges in the Military

Article 120b of the Uniform Code of Military Justice covers allegations of sexual abuse of a child—one of the most aggressively prosecuted and politically sensitive offenses in the military justice system. Service members accused of violating Article 120b face overwhelming pressure from commanders, investigators, prosecutors, and administrative systems designed to presume guilt long before any evidence is tested in court.

Because allegations involve minors, even the mere accusation triggers immediate and severe consequences: loss of rank, no-contact orders, search and seizure of devices, potential pretrial confinement, aggressive investigative tactics, removal from duty positions, and permanent career damage. A conviction under Article 120b carries the harshest penalties allowed under the UCMJ, including decades of confinement, a dishonorable discharge, and mandatory federal sex offender registration.

Gonzalez & Waddington, Attorneys at Law has defended service members in some of the most complex and high-profile child sexual abuse cases in the military. Michael and Alexandra Gonzalez-Waddington are internationally recognized military trial lawyers with deep experience challenging forensic interviews, exposing false allegations, dismantling weak digital evidence, and winning child sex-crime cases others considered unwinnable.

What the Government Must Prove Under Article 120b

To convict someone under Article 120b, prosecutors must prove beyond a reasonable doubt that:

• You engaged in sexual contact or sexual acts with a person under 16 years old; OR
• You committed a “lewd act” (touching, exposure, or communication) with a minor; AND
• You did so intentionally and with sexual purpose.

However, Article 120b allegations often rely heavily on the statements of minors, emotionally charged testimony, or flawed forensic interviews—not hard evidence.

Understanding “Lewd Acts” Under Article 120b

Many service members are shocked by how broad the definition of a “lewd act” is. It includes:

• Touching a minor’s body—even over clothing—with alleged sexual intent
• Causing a minor to touch themselves or another person
• Indecent exposure in the presence of a minor
• Sending sexually explicit messages or images
• Communicating with sexual intent (digital or verbal)

This allows the government to pursue charges even when physical contact never occurred.

How Article 120b Allegations Typically Arise

Most child sexual abuse cases originate from:

• Custody disputes or family conflicts
• Vindictive ex-spouses or step-parents
• Ulterior motives involving child support or divorce
• Children coached—intentionally or unintentionally—by adults
• Teachers, counselors, or therapists making unfounded assumptions
• Misinterpretation of innocent conduct (bath time, playful contact, accidental touching)
• Overzealous investigators pressuring minors during interviews

The military often launches criminal investigations based on nothing more than vague or inconsistent statements.

Why Article 120b Cases Are Uniquely Dangerous

Military child sexual abuse cases differ from civilian cases in several ways:

• Investigators are under extreme pressure to “believe the child” at all costs
• Commands take immediate adverse administrative action—before evidence is tested
• Forensic interviews often contain suggestive questions that contaminate memory
• Medical findings are frequently misinterpreted or completely absent
• Digital evidence can be misclassified or taken out of context
• Expert bias is common among government forensic interviewers

These cases require a highly skilled and aggressive defense team.

Defenses to Article 120b Child Sexual Abuse Allegations

Winning these cases requires a deep understanding of child psychology, forensic interviewing, digital forensics, and military law. Common defenses include:

1. Challenging the Child’s Statement

Children are highly suggestible. Their statements can be influenced by:

• Parental coaching
• Therapists with agendas
• Leading questions from investigators
• Repeated interviews
• Misunderstandings or fantasy play

We analyze interview techniques and use experts to expose contamination and improper questioning.

2. Challenging Forensic Interviews

Many interviews violate accepted child-forensic standards. We identify:

• Leading or suggestive questions
• Confirmation bias from the interviewer
• Missing video footage or incomplete recordings
• Adult vocabulary used by a child (sign of coaching)

3. Attacking Digital “Evidence”

Digital forensic errors lead to false accusations. We dismantle:

• Misinterpreted search histories
• Auto-downloaded images
• Cloud sync artifacts
• Files accessed without intent
• Browser cache thumbnails misclassified as viewed content

4. Exposing Motive to Fabricate

False allegations often arise from:

• Divorce or custody battles
• Vindictive partners
• Family conflict or jealousy
• Attempts to gain legal advantage

5. Presenting Innocent Explanations

Physical contact can be misinterpreted. Innocent, non-sexual acts are often used as evidence if viewed through the wrong lens.

6. Presenting Expert Testimony

We use world-class experts in:

• Child psychology
• Memory and suggestibility
• Digital forensics
• Medical interpretation of alleged injuries

Penalties for Article 120b Convictions

Consequences for a conviction under Article 120b are severe:

• Lengthy confinement (often decades)
• Mandatory dishonorable discharge
• Mandatory federal sex offender registration
• Total loss of retirement and VA benefits
• Lifetime stigma and civilian restrictions

Your entire future depends on an aggressive defense.

Why Choose Gonzalez & Waddington for Article 120b Defense

Our firm is known worldwide for winning the most complex and high-stakes UCMJ child sexual abuse cases. We bring:

• Elite cross-examination of child witnesses and forensic interviewers
• Deep expertise in child-memory science and suggestibility
• Advanced digital-forensics defense strategies
• A proven record of acquittals and dismissals
• Narrative trial strategies used by top criminal-defense teams

Michael and Alexandra Gonzalez-Waddington are the lawyers other attorneys learn from when defending UCMJ sex-crime cases.

Contact Our Article 120b Defense Team

If you or a loved one is facing Article 120b allegations, every moment matters. The government is already building its case. You need a stronger one.

➤ Contact Gonzalez & Waddington for Immediate Article 120b Defense

Article 120b – Frequently Asked Questions