Understanding the Risks of Strangulation in Military Sexual Assault Cases Under Article 120 UCMJ
In recent years, the military justice system has seen a growing focus on sexual assault allegations, particularly those involving strangulation. Attorney Michael Waddington, a seasoned criminal defense lawyer with over two decades of experience, sheds light on the complex and often misunderstood issues surrounding strangulation in the context of Military Sexual Assault under Article 120 of the Uniform Code of Military Justice (UCMJ). This blog post dives deeper into his insights, exploring the dangers of strangulation, its legal ramifications, and how servicemembers can protect themselves against false accusations.
Introduction: Why Strangulation Matters in Military Sexual Assault Cases
Strangulation is not only a dangerous physical act but also a serious legal issue, especially when allegations arise in military courts under Article 120 UCMJ. Michael Waddington’s recent discussion highlights the alarming trend of young men, often military personnel, engaging in strangulation during casual encounters or dating app hookups without fully understanding the risks involved. The consequences can be severe, ranging from criminal charges to devastating career and personal repercussions.
The Dangers of Strangulation: More Than Just a Physical Act
Strangulation involves cutting off blood flow or oxygen to the brain, commonly through techniques similar to the rear naked choke used in Brazilian Jiu-Jitsu. While this maneuver might be practiced in martial arts, applying it outside controlled environments—especially during intimate encounters—poses life-threatening risks, including brain damage or death.
Waddington warns that engaging in strangulation with strangers or casual partners, particularly those met on platforms like Tinder, is fraught with danger. Even if the act appears consensual at the time, the risk of miscommunication or later retraction of consent can spiral into serious legal trouble.
Consent and the Complexity of Relationships in the Military Context
Consent is a cornerstone of all sexual activity, but in situations involving strangulation, it becomes even more critical—and complicated. Consensual strangulation requires a deep level of trust and communication between partners, as well as knowledge of the risks involved. Military personnel often face unique stressors and environments that can complicate these dynamics.
Waddington emphasizes that the biggest danger arises when strangulation occurs with individuals whose psychiatric histories are unknown. Many false allegation cases involve partners who may have underlying mental health conditions, such as Cluster B personality disorders—narcissistic, borderline, histrionic, or antisocial personality disorders—that can affect perception, memory, and motivation.
Mental Health and False Allegations: Understanding the Grey Area
The legal landscape is further complicated by the presence of mental health disorders. Waddington explains that while the majority of women are not likely to make false accusations, a small but significant percentage of individuals with such personality disorders might engage in false allegations. These accusations can devastate the accused, especially in the military, where the consequences of a sexual assault charge are career-ending.
It’s important to note that these personality disorders are recognized mental illnesses listed in the DSM-5, and their symptoms can lead to volatile behaviors, including making allegations that may not align with factual events. This grey area underscores the need for robust legal defense and careful consideration of evidence in military sexual assault cases.
Military Justice System and the Impact of Sexual Assault Charges
Article 120 UCMJ outlines offenses related to sexual assault in the military, including rape, sexual abuse, and other forms of sexual misconduct. Charges under this article carry severe penalties, including court-martial trials, imprisonment, and dishonorable discharge. Unlike some civilian courts, military courts often handle these cases with significant scrutiny, and the stigma associated with such accusations can lead to immediate and long-lasting personal and professional consequences.
Waddington notes that while pretrial confinement is less common in the military, the process of defending oneself against such allegations is grueling and can drag on for years. In civilian courts, such charges often result in immediate incarceration and a protracted legal battle that can destroy reputations and livelihoods.
Practical Advice for Military Personnel: Navigating Relationships and Legal Risks
Attorney Waddington’s core message is one of caution and common sense: servicemembers should avoid engaging in strangulation or other risky sexual behaviors with individuals they do not know well, particularly those met online. The unpredictability of human behavior, combined with the high stakes of military sexual assault allegations, demands vigilance and self-protection.
Additional recommendations include:
- Understanding Consent: Ensure all sexual activities are fully consensual, clearly communicated, and preferably with established partners.
- Avoiding High-Risk Behaviors: Refrain from strangulation or other potentially harmful acts, especially with new acquaintances.
- Seeking Legal Counsel: If accused, immediately contact experienced military defense attorneys who understand Article 120 UCMJ and the nuances of these cases.
- Being Aware of Mental Health Issues: Recognize that individuals may have complex psychological backgrounds affecting their behavior and claims.
The Role of Experienced Military Defense Lawyers
Cases involving strangulation and military sexual assault allegations require skilled legal defense. Lawyers like Michael and Alexandra Waddington, who specialize in criminal and military law, provide crucial support to accused servicemembers. Their expertise spans Florida State Courts, Federal Courts, and military courts worldwide, ensuring that clients receive knowledgeable representation in navigating the complexities of Article 120 UCMJ.
With a deep understanding of both the law and the psychological factors at play, such attorneys can help level the playing field, protect rights, and fight for the best possible outcomes.
Conclusion: Making Informed Choices to Protect Your Future
Strangulation, while sometimes perceived as a consensual kink, carries significant physical and legal dangers, especially in the military context. The combination of risky behavior, unknown psychiatric backgrounds, and the stringent military justice system creates a perfect storm for potential false allegations and devastating consequences.
Military personnel must exercise caution, prioritize consent, and seek professional legal advice if faced with accusations under Article 120 UCMJ. As Attorney Michael Waddington highlights, common sense and awareness are the best defenses against life-altering allegations. Protect your future by making informed, responsible decisions in your personal and professional life.
For more information or legal assistance, contact experienced military defense lawyers who understand the unique challenges of Article 120 UCMJ cases.
Contact Gonzalez & Waddington, LLC at 1-800-921-8607 or visit ucmjdefense.com for a consultation.