Gonzalez & Waddington is a civilian military defense firm, founded by Michael Waddington and Alexandra Gonzalez-Waddington, that has defended service members at courts-martial and in UCMJ matters worldwide for more than two decades.
Can I be charged under UCMJ Article 134 for sexual harassment in the military?
Yes, UCMJ Article 134 can be used to prosecute sexual harassment when conduct is deemed prejudicial to good order and discipline. Even seemingly minor physical contact with coworkers can lead to serious charges depending on context and rank. A military defense lawyer can help you understand the allegations against you. Every case turns on its specific facts and circumstances.
In the military, maintaining professionalism and adhering to strict codes of conduct is essential—not only for the smooth operation of the unit but also for protecting one’s career and personal life. One critical area where service members must exercise extreme caution is in interactions that could be perceived as sexual harassment under the Uniform Code of Military Justice (UCMJ), specifically Article 134. In a recent video, military defense lawyer Michael Waddington addresses the risks associated with seemingly innocent physical contact, such as hugging coworkers, and explains why avoiding such behavior is crucial in today’s military environment.
Why Physical Contact in the Military Workplace Can Be Risky
Michael Waddington’s message is clear: if you’re in the military, stop hugging your coworkers, especially those of the opposite sex or those whom you outrank. While hugging may seem harmless or even friendly, in the context of the military workplace, it can lead to serious allegations of sexual harassment. The military environment demands heightened awareness of personal boundaries and respect for others’ comfort levels.
Waddington emphasizes that even if the contact seems consensual at the time, or if both parties appear comfortable, accusations can surface later that paint the behavior in a very negative light. He warns that such allegations can destroy careers, reputations, and personal lives. The reality of UCMJ Article 134 is that once accused, the accused may face a presumption of guilt, making it difficult to defend oneself effectively.
Understanding UCMJ Article 134 and Sexual Harassment
Article 134 of the UCMJ is a general article that covers offenses not specifically mentioned elsewhere in the code, including sexual harassment. Under this article, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects the work environment.
Because of the broad language of Article 134, actions that might seem minor or friendly, such as hugging, can be interpreted as harassment if they make another service member uncomfortable. Military courts take these allegations seriously, and the consequences can be severe, including court-martial, discharge, and damage to future employment prospects.
Why Avoiding Physical Contact Is the Best Defense
Waddington advises military personnel to limit physical contact in the workplace to handshakes only. This simple guideline helps avoid misunderstandings and potential allegations. He draws a stark line between social environments, like martial arts classes where physical contact is expected and welcomed, and the workplace, where professionalism must prevail.
By respecting boundaries and refraining from unnecessary physical contact, service members can protect their careers and personal lives from the devastating effects of false or misconstrued allegations. It’s not just about avoiding accusations; it’s about fostering a respectful and safe environment for all colleagues.
The Consequences of Sexual Harassment Allegations
Facing an allegation of sexual harassment or assault is not only emotionally taxing but also financially and socially devastating. Waddington points out that defending against such charges involves expensive legal battles that can strain families and mental health. Even if the accused is eventually cleared, the stigma and disruption to their career and personal life can be long-lasting.
Moreover, the military justice system’s presumption of guilt in many cases means that the accused must work harder to prove innocence. This uphill battle makes prevention the most effective strategy. Avoiding risky behavior altogether is far better than trying to explain or justify it later in a court-martial or administrative hearing.
Additional Insights: Navigating Military Culture and Respect
The military prides itself on discipline, respect, and chain of command, but it also faces unique challenges in addressing interpersonal conduct. Gender dynamics, power imbalances, and close quarters can complicate personal interactions. As such, service members must be especially vigilant in how they express camaraderie and support.
Training and education on sexual harassment prevention are ongoing efforts within the military. Understanding these policies and the serious consequences of violations helps foster a safer, more professional environment. Legal experts like Michael Waddington and Alexandra Gonzalez-Waddington provide critical defense services but emphasize that the best defense is conscientious behavior and respect for boundaries.
Conclusion: Protect Your Future by Respecting Boundaries Today
In summary, while it might feel natural to greet coworkers with a hug or casual touch, the risks in the military workplace are simply too high. UCMJ Article 134 sexual harassment allegations can alter the course of a service member’s life and career. The safest and most professional approach is to limit physical contact to handshakes and save hugs for family and close personal relationships.
If you or a loved one is facing an allegation related to sexual harassment under Article 134, it is essential to consult with experienced military defense attorneys immediately. Prevention is key, but expert legal support is crucial when navigating these complex and sensitive cases.
Contact Information:
- González & Waddington, LLC
- Phone: 1-800-921-8607
- Website: Gonzalez & Waddington, Military Defense Lawyers
- Address: 1792 Bell Tower Ln #218, Weston, FL 33326
Stay informed, stay professional, and protect your military career by understanding the serious implications of UCMJ Article 134 sexual harassment allegations.
Full Transcription
Video transcript
Transcript of the video “Article 134 UCMJ Sexual Harassment Explained | Military Defense Lawyer,” with Alexandra González-Waddington of Gonzalez & Waddington.
Read the full transcript of this video
Sexual harassment has been a specific criminal offense under Article 134 of the UCMJ since January 2022. It covers unwelcome sexual advances, requests for sexual favors, and other sexual conduct that either affects someone’s job or career, or is so severe, repetitive, or pervasive that it creates a hostile environment. I’m Alexandra González-Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. Here’s what the offense requires, what it carries, how it differs from an equal opportunity complaint, and how to defend against it. First, the history.
For decades, sexual harassment in the military was handled mostly as an administrative matter through equal opportunity complaints, reprimands, and separations. When it was prosecuted, it was usually charged as maltreatment of a subordinate under Article 93, or as a general order violation under Article 92. In January 2022, the president signed an executive order creating sexual harassment as its own enumerated offense under Article 134. It applies to conduct on or after January 26th, 2022. Second, the elements.
The government has to prove you knowingly made sexual advances, demands, or requests for sexual favors, or engaged in other conduct of a sexual nature. The conduct was unwelcome, and under the circumstances, either a reasonable person would believe that submitting to it or rejecting it would affect their job, pay, career, benefits, or entitlements. Or the conduct was so severe, repetitive, or pervasive that a reasonable person would find the environment hostile or offensive, and the person actually did. Then, the Article 134 terminal element. The conduct was prejudicial to good order and discipline or service discrediting.
Notice what’s not required. The person doesn’t have to be your subordinate, and there doesn’t have to be any touching. Third, the punishment. Sexual harassment under Article 134 carries up to 2 years of confinement and a dishonorable discharge or dismissal for an officer. But most clients worry less about confinement and more about their careers.
Because a sexual harassment allegation that never reaches a courtroom can still produce a general officer memorandum of reprimand or letter of reprimand, a relief for cause, a bar to continued service, or an administrative separation with an other than honorable characterization. Fourth, who decides? Starting January 1st, 2025, sexual harassment became an offense the Office of Special Trial Counsel can take over when a formal complaint is substantiated. That puts these cases in front of the same independent prosecutors who handle sexual assault. For other cases, the command still decides.
Either way, the investigation that comes first matters enormously. Fifth, how cases start. Usually with a complaint. That might be an informal complaint to a supervisor, a formal equal opportunity complaint, a report to a SHARP or SAPR representative, an Inspector General complaint, or a statement made during a command climate survey or a commander’s inquiry. A formal complaint gets investigated, and the investigator decides whether it’s substantiated.
Many service members make the mistake of treating that administrative interview casually. It’s not casual. What you say can become evidence in a criminal case. Sixth, the fact patterns. Texts and social media messages to a co-worker after hours.
Jokes and comments in a shop or office that were part of the culture until someone objected. Repeated requests for a date after being told no. A supervisor’s relationship with a subordinate that ends badly. Comments about appearance during PT or on deployment. And allegations that arise in the middle of other conflicts.
A bad evaluation, a promotion fight, a divorce, a disciplinary action against the person making the complaint. Seventh, the defenses. Welcomeness. Messages and conduct often show a mutual, consensual, two-way exchange. And context matters.
The reasonable person standard. A single awkward comment usually isn’t severe, repetitive, or pervasive. And the law doesn’t criminalize rudeness. Job effect. There has to be a real basis to believe a career decision was tied to the conduct.
Knowledge. The government has to show you knew what you were doing was sexual in nature. And motive. When a complaint follows discipline or a performance problem, the timeline matters. Witnesses, full message threads rather than screenshots, and the climate of the unit at the time all help tell the real story.
Eighth, what to do. One, don’t respond to the complainant and don’t discuss the complaint with co-workers. That can be charged as retaliation or obstruction. Two, don’t give a statement to an EEO investigator, an investigating officer, or law enforcement without a lawyer. Three, preserve complete message threads, emails, calendars, and the names of witnesses.
Four, if you supervise the person, don’t take any personnel action against them without legal advice. Article 132, retaliation, is now prosecuted aggressively. Five, get a lawyer early because the administrative finding often decides whether criminal charges follow. At Gonzalez & Waddington, we defend sexual harassment allegations at every level, from the first EO complaint to a court-martial. And we often keep cases from ever reaching a courtroom by getting the facts in front of the investigator first.
So, what is sexual harassment under the UCMJ? A specific Article 134 offense since 2022, carrying up to 2 years and a dishonorable discharge, now within the reach of special trial counsel. Don’t respond, don’t retaliate, don’t give a statement, and get a lawyer early. I’m civilian military defense lawyer Alexandra González-Waddington with Gonzalez & Waddington. We defend service members worldwide.
You can learn more at ucmjdefense.com or call 1-800-921-8607 for a free confidential consultation. >> When the command knows you’ve got real defense, the game changes.
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