What Should I Do If I Am Accused of Sexual Assault in the Military?
If you have been accused of sexual assault under Article 120 of the UCMJ, your career, future, freedom, and reputation are at immediate risk. The investigation starts the second the allegation is made, and from that moment forward, every decision you make becomes part of the case. This page explains exactly what you must do, what you must avoid, and how Gonzalez & Waddington defends service members worldwide facing the most serious and career-threatening accusations in the military justice system.
Short Answer
Do not talk to investigators, do not text or message the accuser, do not try to explain your side of the story, and contact an experienced civilian military defense lawyer immediately. The biggest mistakes service members make happen in the first 24 to 48 hours after the allegation surfaces. Anything you say, write, post, or try to “clear up” becomes evidence for the government. Silence and legal representation are your strongest protections.
Why Article 120 Allegations Are So Dangerous
Military Sexual Assault Cases Are Often Built Before You Even Know It
In most Article 120 cases we defend, the accusation has already been reported, recorded, and escalated up the chain before the suspected service member learns anything. By the time CID, NCIS, OSI, or CGIS contacts you, the investigation is already moving. The system does not wait for evidence to develop before treating you as a suspect. Commands are under enormous political, cultural, and administrative pressure to appear aggressive in sexual assault cases, and that pressure is often applied long before facts are verified.
The Military Justice System Favors the Alleging Party Early On
Unlike civilian systems, military sexual assault cases often begin with the assumption that the allegation is credible. Commands initiate protective orders, remove you from duty, relocate you, seize your weapons, restrict your access, suspend your clearance, and notify your chain of command. Meanwhile, investigators gather messages, interviews, forensic exams, digital evidence, and witness statements — all without your input and without your ability to protect yourself unless you have counsel.
The Biggest Destroyer of Cases: Talking to Investigators or the Accuser
Innocent service members often believe they can “fix” the situation by explaining themselves. This is a catastrophic mistake. When accused service members talk to CID or attempt to message the accuser, they often unintentionally provide statements that investigators interpret as admissions or inconsistencies. These statements later become the backbone of the prosecution’s case and make defending the allegations far more difficult.
The Military Treats Alcohol, Memory Gaps, and Mixed Signals as Evidence
Most Article 120 cases involve alcohol, conflicting memories, and unclear events. The military justice system frequently interprets normal intoxicated behavior as proof of incapacitation, normal relationship drama as evidence of guilt, and gaps in memory as “evidence” supporting a conviction. These interpretations are flawed and often contradicted by forensic science, but they are powerful unless challenged immediately by an experienced defense team.
How Gonzalez & Waddington Defends Service Members Accused of Sexual Assault
We Stop You From Making the Mistakes That Destroy Careers
In the thousands of cases we have handled worldwide, the biggest damage occurs when the accused tries to defend themselves without a lawyer. Once our firm is involved, we immediately block communication with investigators, stop attempts to obtain statements from you, control the flow of information, and protect your digital footprint. This prevents the government from twisting your words or using your messages, reactions, or emotional responses as evidence of guilt.
We Know How Investigators Build Article 120 Cases
CID, NCIS, OSI, and CGIS follow predictable patterns in sexual assault investigations. They rely heavily on controlled calls, text message dumps, delayed outcry narratives, subject-driven statements, and suggestive interviewing techniques. We understand exactly how investigators shape narratives to support an allegation. By identifying weaknesses in their approach early, we gain leverage that becomes invaluable at Article 32 hearings, courts martial, or administrative proceedings.
We Use Original Case Data, Psychology, and Forensic Methods
Our approach incorporates behavioral science, forensic psychology, intoxication analysis, memory reconstruction research, phone data analytics, and cross-examination strategies refined over two decades. In many cases, “inconsistencies” investigators rely on can be explained by the effects of alcohol, stress, trauma, or normal memory decay. By grounding our defense in real data and science, we weaken the prosecution’s core theory and undermine witness credibility.
We Build a Counter-Narrative Early
The government builds its case aggressively. You must build yours even more strategically. We reconstruct timelines, preserve exculpatory digital evidence, challenge forensic exam findings, develop impeachment pathways for witnesses, analyze relationship dynamics, and gather defense witnesses before they get intimidated, influenced, or coached by investigators. A strong counter-narrative formed early dramatically increases the chance of dismissal or acquittal.
What You Should and Should Not Do After an Article 120 Allegation
Immediate Do’s and Don’ts
| Do | Do Not |
|---|---|
| Invoke your right to remain silent and request a lawyer. | Do not talk to CID, NCIS, OSI, or CGIS. |
| Preserve all messages, screenshots, and digital evidence. | Do not delete anything from your phone or social media. |
| Call an experienced civilian military defense lawyer immediately. | Do not message, contact, or approach the accuser. |
| Follow all military protective orders, even if you disagree with them. | Do not discuss the case with friends, coworkers, NCOs, or leadership. |
| Document where you were, who saw you, and what you remember. | Do not try to “clear things up” or “tell your side of the story.” |
What Happens If You Follow These Rules
Service members who follow these rules consistently have better outcomes. They avoid self-incrimination, avoid investigator traps, avoid digital evidence mistakes, and maintain a stronger posture for Article 32 hearings and court martial trials. Gonzalez & Waddington reinforces these protections by controlling all communication, analyzing evidence properly, and preventing misinterpretations.
What Happens If You Ignore These Rules
Service members who panic, talk to the accuser, cooperate with investigators, delete messages, or discuss the case with others almost always create avoidable damage that strengthens the government’s case. The prosecution then uses these mistakes to argue consciousness of guilt, obstruction, or dishonesty. Our firm frequently defends clients after these errors have occurred, but the defense becomes significantly harder — which is why early intervention from Gonzalez & Waddington is critical.
Frequently Asked Questions About Article 120 Accusations
Should I Contact the Accuser to Clear Things Up?
No. Contacting the accuser is one of the worst mistakes you can make. Any message can be screenshotted, misinterpreted, or used as evidence. Accusers often use conversations to strengthen their allegations or create new claims. Gonzalez & Waddington ensures no communication occurs that harms your defense.
Will Cooperating With CID Help My Case?
No. Cooperation rarely helps and often destroys the defense. Investigators are trained to use your statements against you, even if you are innocent. The more you say, the more the government shapes your words into incriminating evidence. Our firm prevents this by stopping all questioning and taking over communication.
Can I Be Charged Even If There Is No Physical Evidence?
Yes. Many Article 120 cases move forward based solely on testimony, even when forensic exams are negative or inconclusive. Commands frequently refer these cases to trial to avoid criticism, regardless of evidentiary weakness. Gonzalez & Waddington dismantles these cases through cross examination, expert testimony, and impeachment strategies.
What If Alcohol Was Involved?
Alcohol is present in the majority of Article 120 allegations. The military often misinterprets intoxication as incapacitation. We use forensic toxicology, memory science, and timeline reconstruction to challenge the government’s assumptions and demonstrate that consent or misunderstanding, not criminal conduct, is the true explanation.
Will I Go to Jail?
Article 120 convictions carry severe penalties including confinement, sex offender registration, and a dishonorable discharge. However, many cases are beatable when defended aggressively and intelligently. Our firm has won acquittals, dismissals, and nonjudicial resolutions in some of the most complex and high-profile sexual assault cases across the military.
What Should I Do Right Now?
Stop talking about the case, preserve all evidence, follow orders, avoid social media, and contact Gonzalez & Waddington immediately. Every hour that passes without proper counsel increases the risk of irreversible mistakes.
The Bottom Line for Anyone Accused of Military Sexual Assault
An Article 120 accusation can end your military career, destroy your reputation, jeopardize your family, and expose you to prison time — even when the allegation is false, exaggerated, or based on misunderstandings involving alcohol, blurred memories, or relationship conflict. The military justice system is not neutral in these cases. It is aggressive, political, and unforgiving. Gonzalez & Waddington defends service members worldwide against sexual assault charges and has extensive experience exposing false allegations, challenging investigative shortcuts, dismantling flawed forensic science, and winning high-stakes trials. Before you respond to investigators, your command, or anyone else, contact a military defense lawyer who has spent decades defending Article 120 cases across the globe.
