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Sexual Assault Court-Martial Defense (UCMJ Article 120)
Being accused of sexual assault under Article 120 of the Uniform Code of Military Justice (UCMJ) is life-changing. Your career, reputation, freedom, and retirement benefits are all on the line. A conviction can mean decades in prison, a dishonorable discharge, and mandatory sex-offender registration.
But the greatest danger is not just the statute—it is the modern military justice system, reshaped by Congress, political pressure, and media narratives that often presume guilt before trial.
If you are under investigation or facing charges, you need an experienced, relentless military sexual assault defense lawyer who understands both the law and how these cases are actually prosecuted.
Call 202.931.8509 and we can set up a call immediately.
What Is Article 120 of the UCMJ?
Article 120 (10 U.S.C. § 920) governs sexual assault offenses in the U.S. military, including:
- Rape
- Sexual assault
- Aggravated sexual contact
- Abusive sexual contact
- Attempts to commit these offenses
Related statutes include:
- Article 120b (sexual offenses involving children)
- Article 120c (indecent viewing, recording, or broadcasting)
Military definitions of consent, sexual acts, and sexual contact differ sharply from civilian law. Small details—alcohol use, text messages, prior interactions—often decide whether a case becomes a General Court-Martial.
What Happens in a Court-Martial?
What You Need to Know Immediately
Article 120 cases are among the most aggressively prosecuted offenses in the military. Many involve:
- Conflicting statements
- Alcohol or intoxication allegations
- Delayed reporting
- Little or no physical evidence
In many cases, testimony alone is enough to convict. Credibility is often the entire case.
Nathan Freeburg and Philip Cave have successfully defended hundreds of Article 120 cases across every branch, nationwide and overseas. We know how the Office of Special Trial Counsel (OSTC) builds these cases—and how to expose their weaknesses.
A System Stacked Against the Accused
Sexual assault prosecutions in the military no longer operate like traditional criminal cases.
- OSTC prosecutors face pressure to prefer charges based on allegations alone
- Investigators may rely on biased or unreliable “corroboration”
- Panel members know their careers may suffer if they appear “soft”
- Acquittals attract institutional and media scrutiny
The result is a system where service members are often treated as guilty before trial. You cannot afford a passive defense.
How an Article 120 Court-Martial Proceeds
Preferral of Charges
Charges are formally read and acknowledged. You are assigned a military defense counsel. This is often the most critical moment to hire experienced civilian counsel.
Article 32 Hearing
Now largely a probable-cause proceeding. A skilled defense lawyer uses it to lock in testimony and shape future motions.
Referral and Arraignment
The OSTC refers charges to trial. You appear before a military judge and usually reserve pleas.
Pre-Trial Motions
These hearings decide what evidence the jury ever sees—and sometimes whether the case survives at all.
What are Motions in a Court-Martial?
Judge or Panel Selection
Panels are hand-selected by senior commanders. In some cases, a judge-alone trial is strategically superior.
Trial
Trials can last weeks. Preparation, cross-examination, and evidentiary control matter.
Critical Evidence Battles in Article 120 Cases
MRE 412 — The Military Rape Shield Rule
Military Rule of Evidence 412 strictly limits evidence about the accuser’s sexual behavior—even when it bears directly on consent or motive. Courts interpret its exceptions narrowly.
Without experienced counsel, critical evidence may never reach the panel.
MRE 404(b) and 403 — Prior Bad Acts
Prosecutors often attempt to introduce unrelated allegations to inflame the jury. These efforts must be challenged aggressively under Reynolds, MRE 403, and due-process principles.
Credibility Is the Case
In most military sexual assault prosecutions, credibility decides the verdict.
Defense strategies often focus on:
- Prior inconsistent statements
- Contradictions with texts, social media, or witnesses
- Delayed or evolving narratives
- Motive to fabricate (relationships, alcohol violations, collateral misconduct)
Creating reasonable doubt here can end the case.
Common Defenses to Article 120 Charges
Every case is fact-specific, but common defenses include:
- Consent or mistake of fact as to consent
- False or exaggerated allegations
- Motive to fabricate
- Lack of physical or forensic evidence
- Mistaken identity or alibi
- Due-process violations and unlawful command influence
Early, aggressive defense work matters.
Article 120 UCMJ Punishment
Potential penalties include:
- Rape: Life imprisonment, dishonorable discharge
- Sexual Assault: Up to 30 years confinement and mandatory dishonorable discharge
- Aggravated Sexual Contact: Up to 20 years confinement
- Abusive Sexual Contact: Up to 7 years confinement
Convictions almost always involve sex-offender registration and permanent career damage.
Why Choose Cave & Freeburg
- Former military defense counsel with decades of experience
- Hundreds of Article 120 and complex court-martial cases defended
- Worldwide representation
- Proven results in high-stakes prosecutions
We are independent of the chain of command. Our loyalty is to you.
What to Do If You Are Under Investigation
- Do not speak to investigators
- Do not consent to searches
- Do not try to “clear things up”
Every statement can be used against you.
Speak With an Article 120 Defense Lawyer Now
If you are under investigation or charged under Article 120 UCMJ, timing matters. Early intervention can preserve evidence, shape the narrative, and protect your rights.
Contact Cave & Freeburg for a confidential consultation with experienced military sexual assault defense attorneys.
Article 120 UCMJ – Frequently Asked Questions
What is Article 120 of the UCMJ?
Article 120 is the military statute governing rape, sexual assault, aggravated sexual contact, and abusive sexual contact.
Can I be convicted without physical evidence?
Yes. Testimony alone can support a conviction in a court-martial.
Is there a statute of limitations for Article 120?
Most rape and sexual assault offenses under the UCMJ have no statute of limitations.
What is consent under Article 120?
Consent must be a freely given agreement. Intoxication, unconsciousness, or coercion can negate consent under military law.
Should I talk to investigators if I’m innocent?
No. Even innocent statements can be misinterpreted and used against you.ked against you, we are ready to be your shield and your sword.
By PhilIp Cave and Nathan Freeburg at www.court-martial.com