Why Military Members Should Stop Hugging: Avoiding Sexual Harassment Allegations Under UCMJ Article 134
In today’s military environment, maintaining professionalism is more crucial than ever, especially when it comes to interactions between service members. While gestures like hugs may seem harmless or even friendly, they can lead to serious consequences under military law. In this blog post, we explore key insights shared by renowned military defense lawyer Michael Waddington on how seemingly innocent acts like hugging could result in allegations of sexual harassment or assault under Article 134 of the Uniform Code of Military Justice (UCMJ). We’ll break down why hugging is problematic in the military context, provide practical advice to avoid accusations, and explain the legal implications you need to be aware of.
Understanding the Military’s Stance on Physical Greetings
Michael Waddington starts the discussion bluntly: “Stop hugging people in the military.” This advice stems from a long-standing tradition in the armed forces where physical greetings are formal and regulated. Since his enlistment in 1993, Waddington notes that greetings typically consist of salutes, handshakes, or simple verbal acknowledgments like “good afternoon, sir/ma’am.” Hugs, on the other hand, have never been a customary form of greeting.
The rise of casual hugging among military personnel is what Waddington refers to as a “hugging epidemic,” a trend that puts especially men in leadership roles at a heightened risk of sexual harassment claims. This is because physical contact beyond professional norms can be perceived as unwanted or inappropriate, regardless of original intent or consent.
Why Is Hugging Risky in the Military?
At the heart of the issue is consent and perception. Sexual harassment under UCMJ Article 134 becomes a crime when the conduct is unwanted or non-consensual. However, Waddington explains a critical nuance: even if the hugging was consensual or initiated by the other party, allegations can still arise years later for various reasons such as career benefits, revenge, or personal disputes.
When an allegation is made, the accused often faces an uphill battle defending themselves. Military panels or courts-martial may find it difficult to assess the truth if the only evidence is conflicting testimonies about whether the hugs were welcome. This ambiguity can severely damage a service member’s career, reputation, and future within the military, even if the claims are ultimately unfounded.
Leadership and Power Dynamics: A Dangerous Mix
Waddington emphasizes that the risk is amplified for those in leadership positions—officers like captains or colonels, or senior enlisted ranks such as E7 or E8—when interacting with junior personnel. The power imbalance inherent in these relationships means that any physical contact can be more easily interpreted as coercive or inappropriate, regardless of intent.
For example, a subordinate may feel pressured to accept or initiate hugs to maintain good standing or avoid conflict. This dynamic complicates defense strategies if an allegation arises. Leaders must recognize this and maintain clear professional boundaries to protect themselves and their subordinates.
Practical Advice: How to Avoid Sexual Harassment Allegations
Based on Waddington’s extensive experience defending military members against sexual harassment and assault allegations, here are practical steps to reduce risk:
- Avoid physical contact like hugs altogether. Stick to formal greetings such as salutes, handshakes, or verbal acknowledgments.
- Set clear boundaries early. If someone initiates a hug, politely but firmly explain that in the military setting, you prefer to keep greetings professional.
- Be mindful of rank and power dynamics. Leaders should be especially cautious and avoid any behavior that might be misinterpreted.
- Document interactions if you sense discomfort or tensions. Keeping a record can help if allegations ever arise.
The Legal Landscape: UCMJ Article 134 and Sexual Harassment
Article 134 of the UCMJ is often called the “general article” because it covers offenses not specifically detailed elsewhere, including sexual harassment. Military sexual harassment allegations can lead to administrative actions, non-judicial punishment, or even courts-martial depending on severity.
Waddington warns that once an allegation is made, the accused faces not only legal jeopardy but also potential career-ending consequences. The military justice system takes these cases seriously, and even false accusations can leave lasting damage.
For those wrongly accused, consulting with an experienced military defense lawyer as early as possible is crucial. Expert legal representation can help navigate the complex military justice system and protect rights and careers.
Additional Context: The Military’s Evolving Culture and #MeToo Movement
It’s important to recognize that the military is not isolated from broader societal changes. The #MeToo movement and increased awareness of sexual misconduct have led to stricter enforcement of policies and greater accountability. While this is a positive shift toward protecting victims, it also means service members must be more vigilant about their conduct.
Understanding and adapting to this cultural evolution is essential. Maintaining professional boundaries protects not only individuals but also the integrity and cohesion of military units.
Conclusion: Keep It Professional to Protect Your Career
Michael Waddington’s advice is clear and unambiguous: stop hugging in the military. While a hug might seem like a harmless gesture of camaraderie or friendliness, in the military context it can lead to serious sexual harassment allegations with life-altering consequences.
By sticking to traditional military greetings and maintaining professional boundaries, service members can significantly reduce their risk of accusations. Leaders must be especially cautious given the power dynamics at play. Ultimately, protecting yourself means respecting the rules, the culture, and the legal realities of military life.
If you or a loved one face allegations of sexual harassment or assault under the UCMJ, it’s critical to seek experienced legal counsel immediately. The dedicated team at González & Waddington, LLC offers expert defense services in military courts worldwide. Don’t wait until it’s too late—contact them at 1-800-921-8607 for a confidential consultation.
Stay informed, stay professional, and safeguard your military career.
For more expert insights, subscribe to our channel or visit ucmjdefense.com.