Military Sexual Assault Defense Attorneys: National Guide for Accused Service Members
A military sexual assault allegation activates systems that civilian criminal defense never encounters. Criminal investigators, a dedicated Special Victim Prosecutor, command notification, and Congressional oversight metrics all engage simultaneously, often within hours of an accusation. For accused service members, the first decisions made are frequently the most consequential.
This guide explains the legal framework governing military sexual assault charges, the unique pressures of the military justice system, and the firms equipped to defend service members facing these allegations.
The Legal Framework: UCMJ Article 120
Military sexual assault charges are governed by the Uniform Code of Military Justice, primarily under three articles:
Article 120: Rape and Sexual Assault Generally covers offenses against adults, including rape, sexual assault, aggravated sexual contact, and abusive sexual contact. Conviction can result in decades of confinement, dishonorable discharge, total forfeiture of pay, and mandatory lifetime sex offender registration.
Article 120b: Rape and Sexual Assault of a Child covers offenses involving minors. Penalties include life imprisonment for the most serious offenses.
Article 120c: Other Sexual Misconduct covers indecent viewing, visual recording, broadcasting, forcible pandering, and indecent exposure.
All three articles apply across every branch, including Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, and to service members stationed domestically and overseas.
Why Military Sexual Assault Defense Is Different
Institutional Pressure to Prosecute
Congress requires service branches to report sexual assault prosecution statistics quarterly. Commanders who decline to prosecute face Inspector General scrutiny, media exposure, and Congressional inquiry. This creates systematic pressure toward court-martial regardless of evidence strength, including in cases that would never survive civilian prosecution.
Special Victim Prosecutors
Every branch employs JAG officers who handle sexual assault cases exclusively. These prosecutors receive specialized training, face no competing caseloads, and operate in an environment where conviction rates are closely tracked. They are not generalist prosecutors. They are full-time specialists.
Appointed Defense Counsel Limitations
Every accused service member receives a detailed defense counsel at no cost. These are competent JAG officers. They also carry multiple simultaneous cases, serve within the same chain of command as prosecutors, and face institutional pressures that limit aggressive defense tactics. Civilian defense counsel operates outside this system entirely, with no competing loyalties, no career consequences for aggressive advocacy, and the ability to dedicate unlimited time to a single case.
Article 31 Rights
Article 31 of the UCMJ provides protections equivalent to Miranda rights. Investigators are trained to make accused service members feel that silence looks suspicious, that innocent people explain themselves, that cooperation helps. It does not. Exercise Article 31 rights immediately and contact civilian defense counsel before making any statement.
What’s at Stake
A military sexual assault conviction does not end at sentencing. The consequences extend permanently.
Criminal penalties include decades of confinement for rape convictions, with life imprisonment possible for child sexual assault charges.
Discharge characterization: A dishonorable or bad conduct discharge strips military identity and makes the service member ineligible for all veteran benefits, including GI Bill education, VA home loan guarantees, VA healthcare, and disability compensation regardless of service-connected conditions.
Financial destruction: Courts-martial routinely impose total forfeiture of all pay and allowances, eliminating base pay, housing allowance, subsistence, and special pays immediately.
Lifetime sex offender registration: Most convictions trigger mandatory federal and state registration, restricting housing, employment, and movement permanently.
Career consequences without conviction: Even acquitted service members often face administrative separation based on loss of confidence, security clearance suspension, and career stagnation. The time to build a defense is before charges are preferred, not at trial.
Featured Military Sexual Assault Defense Firms
Joseph L. Jordan, Attorney at Law
Phone: 888-643-6254 Website: jordanucmjlaw.com/military-crimes/aggravated-sexual-assault/ Availability: 24/7 worldwide
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)
Phone: 717-412-4676 Website: mymilitarylawyers.com/sexual-assault/ Main Office: 4031 North Front Street #200, Harrisburg, PA 17110 Availability: Worldwide
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.
Immediate Steps If Accused
Do not make any statement. Exercise Article 31 rights. Decline all investigator interviews without defense counsel present. Nothing said to investigators will prevent charges if command intends to prosecute. Statements cannot be withdrawn.
Preserve all evidence. Text messages, emails, social media, photographs, and any communications related to the allegations or the relationship with the alleged victim. Digital evidence disappears through automatic deletions, device upgrades, and cloud overwrites. Preserve everything immediately.
Document your timeline. Write down every relevant detail while memory remains fresh. Identify potential witnesses before command restricts contact.
Do not contact the alleged victim. Any contact, even through third parties, can be used against you and may result in additional charges.
Contact civilian defense counsel immediately. The window between accusation and investigation is when defenses are built or lost. Early counsel intervention is the single most significant factor in successful outcomes.
Crisis Resources
If you are a service member in crisis or need immediate mental health support:
Military Crisis Line: 988, then press 1 (or text 838255) Veterans Crisis Line: 1-800-273-8255, press 1
This guide is for informational purposes only and does not constitute legal advice. Contact qualified defense counsel for guidance specific to your situation.
Frequently Asked Questions
Do I need a civilian attorney if I already have an appointed defense counsel?
Yes. Appointed detailed defense counsel are competent JAG officers, but they operate under significant constraints: heavy caseloads with multiple simultaneous cases, service within the same chain of command as prosecutors, and institutional pressures that limit aggressive tactics. Civilian counsel works exclusively for you with no competing loyalties. You can retain civilian counsel while keeping your detailed defense counsel. The most successful defenses typically involve both working together.
Should I talk to investigators if they want to interview me?
No. Exercise your Article 31 right to remain silent and request counsel immediately. Investigators use trained interrogation techniques to elicit incriminating statements. They may suggest that innocent people have nothing to hide or that cooperation prevents charges. Neither is true. Nothing you say will stop prosecution if command intends to move forward. All statements are permanent and will be used against you at trial.
Can the military prosecute me if the alleged victim does not want to press charges?
Yes. In the military justice system, alleged victims do not control whether charges are preferred. Commanders hold prosecutorial authority. Current regulations require commanders to consult alleged victims before case disposition, and victim preferences carry significant weight. However, commanders retain final discretion and face institutional pressure to prosecute even when victims do not want to proceed.
What happens if I am acquitted at court-martial?
Acquittal means the panel or military judge found the government failed to prove guilt beyond reasonable doubt. You cannot be prosecuted again on the same charges. However, acquittal does not automatically end career challenges. Investigation records may affect security clearances. Commands can still pursue administrative separation based on loss of confidence. Many acquitted service members face continued professional hostility and separate voluntarily.
Will an investigation appear on background checks even if no charges are filed?
Potentially yes. When investigators formally list you as a subject of an investigation, your information enters federal databases. These entries can remain even if command takes no action. They may surface during background checks for security clearances, federal employment, law enforcement positions, and some private sector jobs. Early legal intervention can sometimes limit or prevent these database entries.
How long does a military sexual assault case typically take?
Timeline varies by case complexity and installation caseload. Investigation typically runs two to six months. After charges are preferred, an Article 32 preliminary hearing is required before referral to general court-martial; timing varies but the military is required to move expeditiously, especially when the accused is in pretrial confinement. Court-martial referral and trial scheduling adds another three to six months. Total timeline typically ranges from eight to eighteen months. Complex cases with extensive discovery disputes or expert witnesses may take longer. Administrative separation proceedings often run on a parallel timeline.
What should I do in the first 24 hours after being accused?
Exercise your right to remain silent with investigators, commanders, and fellow service members. Contact civilian defense counsel immediately. Preserve all evidence including text messages, emails, social media, and photographs. Document your timeline in writing while memory is fresh. Identify potential witnesses. Do not contact the alleged victim under any circumstances. Do not post anything related to the case on social media.
What is unlawful command influence and how does it affect my case?
Unlawful command influence occurs when commanders improperly pressure the military justice process toward a particular outcome. In sexual assault cases, this can include command climate statements, briefings emphasizing prosecution rates, or decisions made based on political pressure rather than evidence. Experienced civilian defense counsel identifies and challenges unlawful command influence through aggressive discovery and motion practice, forcing commanders to document their decision-making on the record.
Can I face both military and civilian prosecution for the same alleged offense?
Yes. Double jeopardy protections do not apply between separate sovereigns. If an alleged victim is a civilian, or if the offense occurred off-base in a jurisdiction that asserts authority, you may face both court-martial and state or federal prosecution simultaneously. Cases involving civilian alleged victims require coordination between military defense counsel and civilian criminal defense attorneys.
What are the consequences of a dishonorable discharge?
A dishonorable discharge is the most severe discharge characterization available in the military justice system. It eliminates eligibility for all veteran benefits including GI Bill education, VA home loan guarantees, VA healthcare, and disability compensation. It creates near-permanent barriers to employment in law enforcement, federal government, financial services, healthcare, and education. It appears on background checks and is treated similarly to a felony conviction in most civilian contexts.