What Are My Rights If I Am Accused of Sexual Assault in the Military?
If you are facing an allegation under Article 120 of the UCMJ, you are suddenly thrown into one of the most aggressive and one-sided systems in the military. Knowing your rights is not optional—it is your only protection against investigative pressure, command actions, digital evidence traps, and wrongful prosecution. This page explains the rights every service member has when accused of sexual assault and how Gonzalez & Waddington enforces those rights throughout the investigation and beyond.
Short Answer
You have the right to remain silent, the right to refuse CID questioning, the right to refuse consent searches, the right to an attorney, the right not to incriminate yourself, and the right to be free from unlawful command influence. These rights are powerful, but they only protect you if you use them. The worst mistake an accused service member can make is waiving these rights in the first hours or days after an allegation is made.
Your Core Rights Under Article 31 and the UCMJ
1. You Have the Right to Remain Silent
No investigator, commander, first sergeant, SHARP representative, or legal advisor can force you to answer questions about the allegation. Remaining silent cannot legally be used as evidence of guilt. In thousands of cases worldwide, Gonzalez & Waddington has seen silence protect the accused far more effectively than any explanation ever could.
2. You Have the Right to an Attorney
You may request a lawyer at any time. Once you do, questioning must stop immediately. This includes CID, command interviews, informal questioning, and so-called “friendly conversations.” Asking for a lawyer is not suspicious—it is smart. It prevents investigators from manipulating your words or twisting innocent statements into incriminating evidence.
3. You Have the Right to Refuse Consent Searches
You do not have to hand over your phone, unlock your device, provide passwords, allow searches of your barracks room, or surrender digital files voluntarily. Unless CID has a warrant or command authorization, they cannot search your property. Many service members accidentally incriminate themselves by consenting to searches that investigators were never legally entitled to perform.
4. You Have the Right to Be Free from Coercion
Investigators cannot threaten you, promise leniency, imply that asking for a lawyer makes you guilty, or mislead you into giving up your rights. Despite these rules, coercion happens frequently. Our firm identifies coercive tactics and uses them to attack the integrity of the investigation and suppress improperly obtained evidence.
5. You Have the Right to Confront Witnesses and Evidence Later
You do not have to prove innocence during the investigation. Your opportunity to challenge allegations comes at the Article 32 hearing and court martial, where you can confront accusers, cross-examine witnesses, and present evidence under legal safeguards. The investigation is not your opportunity to defend yourself—it is the government’s attempt to build a case.
6. You Are Presumed Innocent
Even though commands may restrict your duties, remove your weapon, or issue protective orders, you remain legally presumed innocent. These administrative restrictions are not proof of guilt—they are precautionary measures that Gonzalez & Waddington ensures do not evolve into unlawful punishment.
How Gonzalez & Waddington Enforces Your Rights During an Article 120 Case
We Prevent Rights Violations Before They Happen
In our global military practice, we have seen that the most severe damage in Article 120 cases happens early—before a lawyer is involved. Our immediate intervention shuts down improper questioning, stops surprise interviews, and prevents investigators from manipulating your silence or your emotions. We ensure your rights are protected from the first moment of suspicion.
We Challenge Illegal Searches and Digital Seizures
Investigators commonly overreach by pressuring service members into surrendering phones, passwords, laptops, or barracks access. Our firm challenges unlawful seizures, exposes defective command authorizations, attacks flawed digital extractions, and prevents investigators from using data obtained through coercion or improper consent.
We Identify Coercive or Manipulative Interrogation Tactics
Across thousands of interrogations, investigators routinely ignore psychological vulnerability, use minimization techniques, suggest false legal outcomes, or imply that silence equates to guilt. We expose these tactics at Article 32 hearings and trials, often turning the investigator’s misconduct into a cornerstone of the defense.
We Ensure You Do Not Accidentally Incriminate Yourself
Innocent service members often damage their own defense through normal human reactions such as explaining, apologizing, or denying accusations emotionally. Our firm prevents these pitfalls by controlling communication, preparing you for command interactions, and managing the messaging that will later be scrutinized in the courtroom.
Your Rights vs. What Investigators Want
| Your Rights | What Investigators Want |
|---|---|
| The right to remain silent. | They want you to talk so they can record inconsistencies. |
| The right to a lawyer. | They want you alone, unrepresented, and vulnerable. |
| The right to refuse consent searches. | They want access to your phone to find anything incriminating. |
| The right to refuse controlled calls/texts. | They want you to apologize or explain things emotionally. |
| The right to be free from coercion. | They want to pressure you into waiving your protections. |
Frequently Asked Questions About Your Rights in Article 120 Cases
Do I Have to Hand Over My Phone?
No. You have the absolute right to refuse consent. Investigators rely heavily on digital evidence in sexual assault cases, so keeping your phone secure is critical. Gonzalez & Waddington prevents improper digital searches and challenges coercive tactics.
Can I Get in Trouble for Remaining Silent?
No. Your silence cannot legally be used against you. The only people who claim that silence looks guilty are investigators who want you to talk. Our firm ensures your rights are asserted properly to avoid misunderstanding or manipulation.
Should I Talk to My Command About the Case?
No. Anything you say to your chain of command can reach investigators. Even innocent explanations can be twisted. Gonzalez & Waddington prepares you for necessary interactions and prevents accidental self-incrimination.
Can Investigators Lie to Me?
Yes. Military investigators are legally allowed to lie during interrogations. They can falsely claim they have texts, witnesses, or forensic evidence. Our firm teaches clients how to protect themselves from deception and interrogation traps.
Do I Have to Participate in a Controlled Call?
No. Controlled calls and texts are voluntary and extremely dangerous. They are designed to provoke emotional responses or apologies that are later used as admissions. We block these attempts immediately.
Do I Have the Right to Know the Evidence Against Me?
Not during the investigation. You gain access to evidence at the Article 32 hearing and during discovery. Our firm forces the government to disclose faults in their case and exposes investigative shortcuts and biases.
The Bottom Line: Your Rights Only Protect You If You Use Them
Being accused of military sexual assault is overwhelming, and the system is stacked against the accused from the start. Your rights are powerful, but only if you assert them early and consistently. Gonzalez & Waddington has defended service members in some of the toughest Article 120 cases across the globe and understands exactly how investigators and prosecutors attempt to bypass your protections. Before you speak, before you hand over your phone, and before you react emotionally, speak to a lawyer who knows how to navigate the military justice system at its most aggressive.
