What Happens During a Military Sexual Assault Investigation?
A military sexual assault investigation under Article 120 of the UCMJ is one of the most intrusive, stressful, and one-sided processes a service member can face. Once an allegation is made, the government launches a full-scale investigation that affects your career, reputation, freedom, and everyday life. This page explains each stage of a military sexual assault investigation and how Gonzalez & Waddington protects service members worldwide during every step of the process.
Short Answer
Once an allegation is made, CID, NCIS, OSI, or CGIS immediately begins collecting statements, digital evidence, forensic results, and witness interviews — all without your involvement. You will not be treated as neutral; you will be treated as a suspect. The military justice system moves fast, often making decisions about your career before the facts are verified. The most important step you can take is to remain silent and hire an experienced civilian military defense lawyer immediately so your rights and future are protected from the beginning.
Understanding the Stages of a Military Sexual Assault Investigation
1. The Allegation Is Reported
The process begins when the accuser makes a report — often to a friend, NCO, chain of command, SHARP representative, or medical personnel. These individuals then follow mandatory reporting rules and escalate the allegation regardless of credibility or context. You may not even learn about the accusation until investigators are already gathering evidence.
2. Command Is Notified Immediately
Commands are legally required to notify law enforcement and higher headquarters almost instantly. This triggers rapid command decisions, often made before a single piece of evidence is reviewed. These decisions may include removing you from your unit, issuing a no-contact order, taking your weapons, suspending duties, restricting your movements, and notifying senior leadership. None of these actions prove guilt, but they dramatically affect your life.
3. Investigators Launch a Parallel Inquiry
CID, NCIS, OSI, or CGIS begins collecting evidence the moment the allegation reaches them. They focus on the accuser’s statement, text messages, social media interactions, medical records, digital evidence, alcohol use, timelines, and potential witnesses. You are not part of this process. They do not contact you for your side. Their mission is to build a case, not to resolve misunderstandings.
4. The Accuser’s Statement Is Treated as the Foundation
Investigators take a recorded statement from the accuser immediately. Even when statements contain inconsistencies, contradictions, or gaps, investigators often treat the allegation as truthful. Commands feel pressure to take action even when credibility is unclear. Without strong legal representation on your side, the accuser’s story becomes the default narrative used in briefing prosecutors and commanders.
5. Controlled Calls and Text Message Traps
One of the most dangerous tools investigators use is the “controlled call” or “controlled text exchange.” They trick the accuser into contacting you to get you to apologize, explain, or react emotionally. Anything you say can be used as an admission, even if you are trying to clear your name. These traps routinely produce the most damaging evidence in Article 120 cases.
6. Digital Forensic Extraction
Investigators obtain or attempt to obtain your phone. If you consent, they gain access to years of messages, images, locations, and deleted content. If you refuse, they may seek command authorization. Digital evidence is heavily used to reconstruct timelines, interpret relationship dynamics, and search for statements that appear incriminating. Even innocent messages can be taken out of context and misinterpreted.
7. Witness Interviews Begin Immediately
Investigators interview anyone who may have seen, heard, or interacted with either party. These interviews often shape the case early. However, witnesses frequently make inaccurate assumptions or recall events poorly due to alcohol, time delay, or bias. Despite these limitations, investigators may treat these statements as solid evidence unless challenged by an experienced defense lawyer.
8. Forensic Exams and Medical Reports
If the accuser underwent a forensic exam, investigators will obtain the results. These exams often show no physical evidence of assault, yet prosecutors still proceed with charges. Many clients mistakenly believe a lack of injury clears them, but the military justice system frequently moves forward even when forensic evidence contradicts the accusation.
9. The Case Is Sent to Prosecutors
Once investigators compile their evidence, they send the case to military prosecutors who review the file and recommend further action. Even weak cases often proceed to an Article 32 hearing or court martial because commands fear criticism for appearing “soft” on sexual assault. This is why early defense intervention from Gonzalez & Waddington is critical — we challenge investigative failures before they harden into formal charges.
How Gonzalez & Waddington Protects You During the Investigation
We Stop Investigators From Getting Damaging Statements
In our decades of handling Article 120 cases worldwide, the number one factor that destroys a service member’s defense is speaking to investigators. We immediately block all questioning so CID, NCIS, OSI, or CGIS cannot twist your words or use your reactions against you. This prevents the most common and most damaging form of evidence from ever being created.
We Break Down the Accuser’s Narrative Using Psychology and Data
Our firm analyzes relationship dynamics, intoxication effects, motive to fabricate, delayed reporting issues, inconsistencies in statements, and memory science. These factors often reveal why an allegation is false, exaggerated, or based on misinterpretation. We incorporate behavioral research, forensic psychology, and digital communication patterns to expose weaknesses in the accuser’s story.
We Protect Your Digital Footprint
Your phone contains more evidence than any other object you own. Gonzalez & Waddington prevents investigators from misinterpreting messages, taking screenshots out of context, or exaggerating digital patterns. We analyze extraction reports, challenge improper authorizations, and expose flaws in digital forensics to protect your rights and weaken the government’s narrative.
We Build Your Defense Before the Government Builds Its Case
Many defense teams wait until charges are filed. We do the opposite. We begin building your defense immediately by reconstructing timelines, securing defense witnesses, collecting exculpatory evidence, documenting investigative errors, and preparing for Article 32 cross examination long before the government finalizes its theory. Early action dramatically increases the odds of dismissal or non-preferral.
What You Can Expect During the Investigation
Common Events During Article 120 Investigations
| Likely to Happen | What It Means |
|---|---|
| You are issued a military protective order. | This is standard procedure and does not imply guilt. |
| You lose access to weapons or sensitive duties. | This is administrative risk management, not a judgment. |
| You are moved or removed from your unit. | Commands often separate parties during investigations. |
| Investigators ask for your phone. | This is an attempt to gather the most damaging evidence possible. |
| Witnesses provide conflicting statements. | Normal in alcohol-related cases; investigators emphasize statements that support guilt. |
| Investigators attempt a controlled call or text. | This is designed to trap you into apologizing or explaining. |
Frequently Asked Questions About Military Sexual Assault Investigations
How Long Does a Military Sexual Assault Investigation Take?
Most investigations last between 60 and 180 days, though complex cases may take longer. Delays often occur because investigators gather digital evidence, medical reports, and witness statements. Gonzalez & Waddington monitors the process closely and pushes back when delays harm your rights or career.
What Should I Do If My Command Treats Me Differently?
It is common for commands to distance themselves from an accused service member. This does not mean you are guilty. Our firm documents unfair treatment and uses it to challenge command bias at Article 32 hearings, court martial trials, and administrative boards.
Can I Be Punished Before the Case Is Finished?
Your command cannot impose UCMJ punishment without due process, but they can take administrative actions such as reassignments, MPOs, or restricted duties. Gonzalez & Waddington ensures these actions do not evolve into unlawful punishment.
Will Investigators Look Through My Social Media?
Yes. CID and NCIS frequently analyze social media content for messages, photos, and patterns that may support the allegation. Our firm guides you on how to protect your digital footprint and avoid unintentional harm to your defense.
Can My Career Recover After an Article 120 Investigation?
Yes. Many service members return to full duty after a dismissal, non-preferral, or acquittal. Our firm has secured full clearances, restored reputations, and saved military careers after false or exaggerated allegations.
The Bottom Line for Anyone Under Military Sexual Assault Investigation
A military sexual assault investigation is not neutral, balanced, or fair. It is designed to build a case against you from the moment the allegation is made. The government is already sprinting; you cannot afford to walk. Gonzalez & Waddington is one of the world’s leading civilian military defense firms for Article 120 cases. We protect your rights, challenge investigator misconduct, expose unreliable evidence, and build a powerful defense before the government finalizes its case. If you are under investigation, do not wait. The decisions you make in the first 24 hours can determine the entire outcome of your case.
