Understanding UCMJ Article 120 Sexual Assault Defense in Japan: What Every Service Member Needs to Know
Being stationed overseas presents unique challenges, but facing allegations under the Uniform Code of Military Justice (UCMJ) while stationed in Japan can be especially daunting. In a recent discussion, criminal defense attorney Michael Waddington, with over 20 years of experience defending military service members worldwide, highlights the critical realities and legal nuances surrounding UCMJ Article 120 sexual assault allegations in Japan.
The Military’s Aggressive Stance on Sexual Assault Cases
Sexual assault allegations under UCMJ Article 120 and its subsections (120b, 120c) are among the most serious charges a service member can face. Michael Waddington emphasizes that the military is currently waging a rigorous war on sexual assault. This means that once accused, service members will face prosecution teams that are:
- Highly trained and well funded – Military prosecutors are equipped with ample resources to build strong cases.
- Determined to secure convictions – They are under pressure to demonstrate to Congress that the military does not tolerate any form of sexual misconduct.
- Relentless in pursuing serious penalties – Jail time and career-ending consequences are common outcomes.
Understanding this context is crucial. The environment is highly adversarial, and the stakes are incredibly high, especially for those stationed overseas, such as in Japan, where legal complexities and jurisdictional issues may add layers of difficulty.
The New Victim-Centered Military Justice System
One of the most significant changes in military justice came into effect in December 2023—a shift to a victim-centered approach. This means:
- Allegations are believed from the outset without initial scrutiny of credibility.
- Investigators and prosecutors do not actively seek evidence to disprove claims but focus on supporting the accuser’s narrative.
- False or exaggerated allegations may not be punished, even if disproven, and the accuser could still receive benefits related to military sexual trauma.
Waddington warns that this victim-centered model can undermine fundamental legal protections traditionally afforded to defendants. The presumption of innocence is effectively reversed, making defense strategies more challenging.
Implications for Service Members Accused in Japan
For military personnel stationed in Japan, this new system means that once an investigation starts, you are likely presumed guilty. Law enforcement and prosecutors trained to “start by believing” will act accordingly, potentially leading to:
- Court-martial proceedings, even when evidence is minimal or non-existent.
- Administrative separation boards or other punitive actions, including letters of reprimand.
- Long-lasting damage to your military career and personal reputation.
This environment creates an urgent need for immediate and effective legal defense. Waddington stresses the importance of not remaining passive or hoping the situation will resolve itself.
Why Immediate Legal Defense is Critical
Facing UCMJ Article 120 allegations requires prompt action. The military justice system’s victim-centered nature means that accused service members must:
- Engage experienced military defense attorneys who understand the complexities of Article 120 cases and the military justice system in Japan.
- Be proactive in developing a defense strategy rather than waiting for the prosecution to build their case.
- Protect their rights aggressively to avoid unjust punishment or career-ending consequences.
Michael Waddington and Alexandra Gonzalez-Waddington, partners at González & Waddington, LLC, bring decades of expertise defending service members in military courts worldwide, including Japan. Their firm specializes in handling serious criminal charges under the UCMJ, such as sexual assault, false accusations, and harassment cases.
Additional Considerations: False Allegations and Their Impact
One particularly troubling aspect of the new military justice approach is the handling of false accusations. Despite being proven false, some allegations may still result in:
- Continued administrative or punitive actions against the accused.
- Benefits awarded to the accuser for military sexual trauma.
- Long-term reputational harm and career damage for the accused.
This dynamic underscores the critical need for a robust defense and highlights the challenges of navigating the military justice system post-2023 reforms.
Conclusion: Stand Up, Fight Back, and Protect Your Future
Military service members stationed in Japan or elsewhere must understand the serious implications of UCMJ Article 120 allegations. The military’s current approach is aggressive and victim-centered, often presuming guilt from the start. If you or a loved one are accused, it is essential to seek experienced legal counsel immediately.
Don’t become another statistic or passively accept the consequences. As Michael Waddington advises, stand up, fight for your freedom, your career, and your reputation. With the right legal team by your side, you can level the playing field against relentless prosecution efforts.
For a confidential consultation with seasoned military defense lawyers experienced in Japan and worldwide, contact González & Waddington, LLC at 1-800-921-8607 or visit ucmjdefense.com.
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