Military Sexual Assault Defense Attorneys: National Guide for Accused Service Members

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A service member accused of sexual assault faces a system that has changed in two important ways. For offenses that occurred after December 27, 2023, a special trial counsel, not the accused’s commander, holds exclusive authority to decide whether sexual assault charges go to court-martial. And under Article 43 of the Uniform Code of Military Justice, as it read in October 2026, rape and sexual assault can be tried “at any time without limitation,” but for an older allegation the version of Article 43 in force on the date of the alleged offense decides whether a time limit applies. This guide explains the offenses, who decides, the rights an accused holds under Articles 31 and 38, the time limits, and two civilian firms that defend service members.

If you are in crisis, the Veterans Crisis Line, which serves service members, National Guard and Reserve members, and veterans, is reached by dialing 988 and pressing 1, or by texting 838255. In an emergency, call 911 or your installation’s emergency number.

The statutes below were read in Title 10 of the United States Code on the Legal Information Institute’s site in October 2026. This page explains federal military law in general terms and is not advice on any case.

The Offenses: Articles 120, 120b, and 120c

Three articles of the UCMJ, codified in Title 10, define the sexual offenses:

  • Article 120 (10 U.S.C. § 920), “Rape and sexual assault generally”: rape, sexual assault, aggravated sexual contact, and abusive sexual contact.
  • Article 120b (10 U.S.C. § 920b), “Rape and sexual assault of a child”: rape of a child, sexual assault of a child, and related offenses.
  • Article 120c (10 U.S.C. § 920c), “Other sexual misconduct”: indecent viewing, visual recording, or broadcasting; forcible pandering; and indecent exposure.

Under Article 120(c) and (d), aggravated and abusive sexual contact are defined by reference to rape and sexual assault: contact that would have been rape or sexual assault “had the sexual contact been a sexual act.”

Who Decides Whether to Prosecute: The Special Trial Counsel

Article 24a (10 U.S.C. § 824a) created special trial counsel, judge advocates certified for the role. Under § 824a(c)(2)(A), “[a] special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense.” Covered offenses, defined in Article 1(17), include Articles 120, 120b, and 120c, among others.

For charges over which a special trial counsel exercises authority, § 824a(c)(3) gives that counsel “exclusive authority” to dismiss charges, refer them to a special or general court-martial, and enter into a plea agreement. A referral decision “shall be binding on any applicable convening authority.” If the special trial counsel declines to prefer or refer charges, § 824a(c)(5) lets a commander act on the matter through other authorities, but the commander “may not refer charges and specifications for a covered offense for trial by special or general court-martial.”

Under § 824a(d)(1)(A), a special trial counsel may also, at its “sole and exclusive discretion,” take authority over Article 120, 120b, and 120c offenses that occurred on or before December 27, 2023. Which official holds the decision in your case is therefore a question to put to defense counsel early.

Article 31: The Advisement Before Questioning

Article 31(b) (10 U.S.C. § 831(b)) provides: “No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.”

The warning applies whether the questioning comes from investigators or from people in the chain of command. A suspect who has been advised under Article 31(b) can decline to make a statement and speak to defense counsel first.

The Right to Civilian Counsel: Article 38

Article 38(b) (10 U.S.C. § 838(b)) gives the accused the right to be represented before a general or special court-martial or at an Article 32 preliminary hearing, and provides: “The accused may be represented by civilian counsel if provided by him.” When civilian counsel is retained, detailed military counsel “shall act as associate counsel unless excused at the request of the accused.” Civilian and military defense counsel can therefore work on the same case.

Time Limits Under Article 43

Article 43 (10 U.S.C. § 843) sets the rules:

  • No limit (§ 843(a)): a person charged “with murder, rape or sexual assault, or rape or sexual assault of a child, maiming of a child, kidnapping of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation.”
  • Child abuse offenses (§ 843(b)(2)): other listed offenses against a child, including those under Articles 120a, 120b, and 120c not covered by subsection (a), may be tried if sworn charges are received “during the life of the child or within ten years after the date on which the offense was committed, whichever provides a longer period.”
  • Other offenses (§ 843(b)(1)): five years before receipt of sworn charges by an officer exercising summary court-martial jurisdiction.

These rules come from the text as it read in October 2026, and the date of the alleged offense matters. The words “or sexual assault” were added to subsection (a) by Public Law 113-66, and the statutory note to Article 43 provides that this change applies “with respect to an offense covered by section 920(b) or 920b(b) … that is committed on or after” December 26, 2013. The Court of Appeals for the Armed Forces summarized the result in United States v. Moore, 79 M.J. 483: “prior to 26 December 2013, the statute of limitation for sexual assault offenses was five years; for offenses occurring on or after 26 Dec 2013, the statute of limitations for sexual assault offenses has been eliminated.” Earlier amendments to Article 43, including the 2006 change for rape, carry their own effective dates. For any allegation that predates these changes, defense counsel should check the version of Article 43 in force on the date of the alleged offense before treating time as irrelevant.

First Steps After an Accusation

These are practical points rather than legal rules, and each should be confirmed with counsel:

  • Ask for counsel before any statement. After the Article 31(b) advisement, you may decline to answer questions.
  • Preserve your own records. Keep text messages, emails, social media, photographs, and anything else related to the relationship or the events, without altering or deleting them.
  • Write a private timeline for your lawyer. Note dates, places, and possible witnesses while memory is fresh.
  • Do not contact the complainant. Any contact, even through friends, can be misread and become evidence; ask counsel before communicating with anyone involved.

Questions for a Civilian Military Defense Lawyer

Bring the investigation’s case number if known, your command details, and any orders you have received. Questions to put to the lawyer:

  1. Is a special trial counsel exercising authority over the allegation, and at what stage is the case?
  2. What is the timing of any Article 32 preliminary hearing, and how will the defense use it?
  3. How will civilian counsel and detailed military counsel divide the work under Article 38?
  4. Are administrative actions, such as separation proceedings or clearance reviews, running alongside the criminal case?
  5. Is a civilian prosecution possible for the same events, and how would the two cases be coordinated?
  6. What are the fees, and does the lawyer travel to your installation?

Joseph L. Jordan, Attorney at Law

Joseph L. Jordan is a former Army Judge Advocate General’s Corps officer who prosecuted and defended courts-martial before transitioning to exclusive civilian military defense practice. This dual insider experience, having worked prosecution strategy from inside the system before representing defendants from outside it, defines the firm’s approach to military sexual assault cases.

The firm represents service members at installations across the continental United States and overseas, including Germany, Italy, Japan, Korea, Kuwait, Bahrain, and forward-deployed locations. All branches. All ranks. All installation types including ships and expeditionary units.

Documented case results in military sexual assault defense include:

  • U.S. Air Force v. O-4, Keesler AFB, Mississippi: nine alleged victims, not guilty on all charges
  • U.S. Army v. CPT, Fort Hood, Texas: sexual assault charges, not guilty
  • U.S. Marine Corps v. E-6, Camp Lejeune, North Carolina: rape charges, not guilty
  • U.S. Army v. E-8, Fort Leonard Wood, Missouri: child sexual assault, not guilty
  • U.S. Army v. E-4, Wiesbaden, Germany: forcible rape, case dismissed
  • Multiple administrative separation board victories resulting in retained service members

Initial consultations are confidential. The firm responds 24/7 for service members under investigation or facing charges worldwide.

Crisp and Associates Military Law (My Military Lawyers)

Crisp and Associates Military Law is a nationwide military defense firm with attorneys who hold past JAG Corps experience and law enforcement backgrounds. The firm handles Article 120 sexual assault charges across all branches and installations, providing representation at both court-martial and administrative proceedings.

The firm’s defense approach focuses on the constitutional problems inherent in he-said-she-said cases and the institutional pressure Congress has placed on commanders to prosecute regardless of evidence merit. Attorneys conduct aggressive cross-examination of alleged victims and challenge the consistency and credibility of testimony.

Documented case results include:

  • All charges dismissed against E-6 accused of child molestation at Fort Belvoir, Virginia. The Article 32 Investigating Officer found the alleged victim had fabricated the allegations, supported by evidence of prior false accusations at other military installations.
  • Full acquittal in drill sergeant sexual assault case at Fort Jackson, South Carolina. The panel deliberated less than one hour before returning a not guilty verdict.

The firm offers free initial consultations and travels to any military installation, domestic or international.

Frequently Asked Questions

Does my commander decide whether I am court-martialed for sexual assault?

For a covered offense, which includes Article 120, a special trial counsel has exclusive authority to decide whether to refer charges to a special or general court-martial under 10 U.S.C. § 824a(c)(3). A commander may not refer a covered offense for trial by special or general court-martial.

Can I be charged with sexual assault years after the alleged event?

It depends on the date. For sexual assault committed on or after December 26, 2013, Article 43(a) allows trial “at any time without limitation.” For sexual assault before that date, the Court of Appeals for the Armed Forces has described the limitation period as five years (United States v. Moore, 79 M.J. 483), so the offense date and any earlier tolling are the first questions for defense counsel.

Do I have to answer investigators’ questions?

No. Article 31(b) requires that a suspect be told “that he does not have to make any statement regarding the offense” and that any statement may be used as evidence at court-martial.

Can I hire a civilian lawyer and keep my military defense counsel?

Yes. Article 38(b) allows representation by civilian counsel provided by the accused, with detailed military counsel acting as associate counsel unless the accused asks that they be excused.

Crisis and Support Lines

  • Emergency: 911 or your installation’s emergency number
  • Veterans Crisis Line (serving service members and veterans): dial 988 then press 1, or text 838255

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