Criminal Defense
SEXUAL ASSAULT Military Criminal Lawyers
max@dotcomlawyermarketing.com
Legal Expert
5 min read
Updated: Sep 6, 2025
Sexual Assault Military Criminal Lawyers
Being accused of sexual assault in the military can be an incredibly traumatic experience. Not only are you facing serious criminal charges, but your military career and reputation are on the line. That's why it's critical to have an experienced military criminal defense lawyer on your side if you are facing court martial for sexual assault. In this article, we'll provide an overview of sexual assault charges in the military, the potential penalties, and how an attorney can defend you. We know this is a sensitive topic, so we'll try to cover it with care and empathy.Sexual Assault Charges in the Military
Sexual assault charges fall under Article 120 of the Uniform Code of Military Justice (UCMJ). This article covers rape, sexual assault, aggravated sexual contact, and abusive sexual contact. Some key things to know:- Rape involves penetrating someone by force, threat of force, or when they are unconscious or otherwise unable to consent.
- Sexual assault is threatening someone to engage in a sexual act, causing bodily harm, or committing sexual acts by abusing one's professional position.
- Aggravated sexual contact is touching someone's private areas by force, threat, or when they cannot consent.
- Abusive sexual contact is touching someone's private areas without their consent in a sexual way.
Penalties for Sexual Assault in the Military
If convicted at a court martial, penalties for sexual assault can include:- Dishonorable discharge
- Forfeiture of pay and allowances
- Reduction in rank
- Substantial prison time - even life sentences for rape
How a Military Lawyer Can Defend You
Given the severe consequences, it is critical to have an experienced military defense lawyer represent you from the very start. Do not say anything to investigators without your attorney present. Here are some ways we defend sexual assault cases:- Challenge the credibility of the accuser - their motivations, inconsistencies in their story, etc.
- Raise consent as a defense if applicable
- Challenge if force or threat of force was used
- Argue the touching was incidental and not sexual
- Claim false accusations and mistaken identity
- Challenge if the accuser was truly unable to consent
- Suppress evidence improperly obtained by investigators
Recent Changes Impacting Sexual Assault Prosecutions
Some recent reforms have made prosecuting sexual assault easier for the military:- Independent prosecutors - In the past, unit commanders decided whether to prosecute. But now independent judge advocates make this decision for felony cases like sexual assault.
- Limits on character evidence - New rules make it harder for the defense to introduce evidence of an accuser's sexual history.
- Harsher sentencing - Courts martial must hand down a dismissal or dishonorable discharge for those convicted of sexual assault.
Why Choose a Military Law Firm?
If you are facing sexual assault charges, it is critical to have an attorney who understands military law and process. Civilian criminal lawyers simply don't have the experience with courts martial. Key reasons to choose a military law firm:- We know the complexities of Article 120 charges
- We have relationships with military prosecutors and judges
- We understand how convening authorities make decisions
- We have experience with the military justice system
- We know how to work with JAGs and military investigators
- We have defended these cases and achieved acquittals and dismissals
What to Do If You Are Under Investigation
If military investigators want to question you about sexual assault allegations, you need to exercise your right to remain silent. Say nothing until you have an attorney representing you. Be polite, but firm you want counsel present. Do not try to explain away the allegations or talk yourself out of trouble. Hire a military law firm immediately so your attorney can start investigating the allegations and building your defense. We will examine if proper procedures were followed in the investigation. Any missteps can provide opportunities to get evidence thrown out or charges dismissed. With an early and aggressive defense, we can try to prevent charges from even being filed in the first place. Don't wait until you are formally charged - that makes defending you much harder.The Attorneys You Want in Your Corner
Facing sexual assault accusations in the military is frightening. But you are not alone - we are here to defend you and protect your rights. Our attorneys have the experience, tenacity and commitment to safeguard servicemembers like you. We have an in-depth understanding of military law and sexual assault cases. Trust us to build the strongest defense on your behalf. Every case is different, but our track record of success speaks for itself. Don't leave this to chance. Contact our office today for a free case evaluation. Let's start crafting your defense strategy immediately.References
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