In this video, military defense lawyer Michael Waddington discusses UCMJ Art 134 Sexual Harassment.
Article 134 of the Uniform Code of Military Justice (UCMJ), often referred to as the “General Article,” encompasses a wide range of offenses that prejudice good order and discipline or bring discredit upon the armed forces. It includes sexual harassment as a punishable offense.
Historically, the UCMJ didn’t explicitly list sexual harassment. However, the 2022 National Defense Authorization Act mandated its inclusion, and President Biden signed an executive order solidifying this change. This amendment explicitly addresses sexual harassment as a distinct offense, reflecting the military’s commitment to eliminating such behavior.
To be considered sexual harassment under Article 134, the conduct must be unwelcome, sexual in nature, and create an intimidating, hostile, or offensive environment. This can include verbal or physical harassment, requests for sexual favors, or displaying sexually explicit material.
The consequences of a sexual harassment conviction under Article 134 vary depending on the severity of the offense and the offender’s rank. They can range from reprimand and loss of rank to confinement and dishonorable discharge. Additionally, the military may pursue administrative actions, such as separation from service.
