Defending UCMJ Sexual Assault Courts-Martial (Article 120)

Being accused of sexual assault under Article 120 of the UCMJ is life-changing. Your career, reputation, freedom, and even retirement benefits are at stake. Convictions can mean decades in prison—or worse. But the real danger isn’t just the law itself. It’s the system you’re up against, one reshaped by politics, Congress, and false media narratives like The Invisible War.

In today’s military justice system, the deck is stacked against the accused. And that’s why you need an experienced, relentless defense team on your side.

A System Stacked Against the Accused

Over the past decade, Congressional action, media coverage, and cultural movements have transformed how the military prosecutes sexual assault.

• The Office of Special Trial Counsel (OSTC) is under intense pressure to prefer charges against you based on just an allegation alone.
• They will look for any “witness” that might have a gripe against you in order to reinforce their case.
• Generals and admirals and panel (jury) members know their careers are on the line if they appear “soft” on sexual assault.
• Media attention and political oversight make acquittals risky for the military.

The result? Innocent service members are dragged into court-martial proceedings where they are presumed guilty before trial. Justice is supposed to be blind, but in this climate, the scales lean heavily toward the accuser.

Understanding the Military Justice Process in Sexual Assault Cases

Knowing the steps of a court-martial helps you understand what lies ahead—and why you need skilled defense at every stage.

Preferral of Charges

• Your commander (in the Army) or a paralegal (in the other services) will formally read the charges to you.
• You’ll sign acknowledgment of receipt.
• You’ll be assigned a military lawyer, but you should strongly consider hiring an experienced civilian defense lawyer immediately.
• The case will almost always be sent to a General Court-Martial (up to life imprisonment, or even the death penalty in rare cases).

The Article 32 Hearing

• Once a robust “mini-trial,” the Article 32 hearing is now a rubber stamp probable cause proceeding.
• The prosecutor often just submits paperwork; the hearing officer usually finds probable cause.
• Even if the officer doesn’t find probable cause, your command can still send the case to trial.
• You need a lawyer who knows how to use this hearing strategically to set up your defense.

Referral of Charges

• The OSTC formally refers the charges to trial.
• Charges are read again, and you sign acknowledgment.

Arraignment

• Your first time in front of a military judge.
• The judge confirms you have a lawyer and asks for your plea.
• Most defense lawyers “reserve” pleas until later while preparing strategy.

Pre-Trial Motions

• Crucial hearings that decide what evidence comes in—and sometimes whether the case goes forward at all.
• Strong defense lawyers use motions to challenge evidence, fight unlawful command influence, and suppress unfair evidence.

Selection of Judge or Jury

• In military court, the jury (panel) is hand-picked by the same general or admiral who referred your case.
• In sexual assault cases, especially those involving alcohol, military juries can be deeply biased.
• Sometimes going judge-alone is the best option—this decision requires experience and strategy.

Trial

• The trial may last a day, or it may last months.
• This is where the experience, preparation, and the courtroom skill of your defense lawyer make all the difference.

Key Evidentiary Challenges in Sexual Assault Cases

MRE 412: The Military’s “Rape Shield” Law

Military Rule of Evidence 412 severely limits what evidence you can use about your accuser’s sexual history—even if it’s critical to your defense.

• Evidence of flirting, texts, photos, or prior encounters is often excluded.
• There are only three narrow exceptions:
  1. Evidence another person caused the injury or physical findings.
  2. Evidence of prior sexual behavior between you and the accuser.
  3. Evidence constitutionally required for your defense.

Courts interpret these exceptions narrowly. Without a skilled lawyer, you may be barred from presenting the evidence you need to show consent or a motive to fabricate.

MRE 404(b): “Other Acts” Evidence

Prosecutors may try to introduce unrelated “bad acts” to paint you as guilty.

• Under United States v. Reynolds, judges must apply a three-part test before admitting such evidence.
• Under MRE 403, unfairly prejudicial evidence should be excluded.
• In Andrew v. White, the Supreme Court ruled that the Due Process Clause itself forbids evidence so inflammatory that it makes a trial fundamentally unfair.

A skilled defense attorney will object, argue, and fight to keep prejudicial “character evidence” out of your trial.

Why You Need the Right Defense Team

Innocent service members are being caught in the crossfire of politics and media pressure. In this climate, you need a defense lawyer who:

• Knows the law and process inside and out.
• Understands how Congress, the media, and unlawful command influence have skewed the system.
• Has the courtroom skill and experience to push back against unfair evidence and biased juries.
• Is independent of the military chain of command and answers only to you.

Our firm has a proven track record defending Article 120 cases and exposing the weaknesses in prosecutions driven by politics rather than facts. We are both authoritative and empathetic—aggressive in court, compassionate with our clients, and relentless in fighting for justice.

Take Action Now – Your Future Is at Stake

Do not wait. The prosecution is already building its case against you. Early intervention by an experienced defense lawyer can mean the difference between conviction and acquittal.

• Protect your rights.
• Preserve evidence in your favor.
• Get a strong advocate by your side from day one.

Contact us today for a confidential consultation. When the military justice system feels stacked against you, we are ready to be your shield and your sword.