An accusation under Article 120 of the Uniform Code of Military Justice, which covers rape, sexual assault, and related sexual offenses, is among the most serious situations a service member can face. The consequences can include confinement, a punitive discharge, and sex offender registration. The decisions a service member makes in the first hours and days after learning of an accusation often shape the entire case. This article walks through the practical steps that protect a service member’s rights and preserve a sound defense, without offering legal advice for any specific situation.
Invoke The Right To Remain Silent
The single most important step is to say nothing about the allegation to investigators, commanders, supervisors, or coworkers. Article 31 of the UCMJ protects a service member against compelled self-incrimination and requires that a suspect be warned before questioning. That protection only helps if it is used. A service member who is approached by investigators from an agency such as the Army Criminal Investigation Division, the Naval Criminal Investigative Service, or the Air Force Office of Special Investigations should clearly state that he or she wishes to remain silent and to speak with an attorney, and then stop talking.
Attempts to explain, to clear things up, or to give an innocent account almost always work against the accused. Statements can be misremembered, taken out of context, or used to build the government’s theory. The right to remain silent applies to written statements as well as spoken ones, so declining to write or sign anything is equally important.
Request A Lawyer Immediately
A service member is entitled to consult with a military defense attorney, typically through the service’s defense counsel organization, at no cost. Requesting counsel early is not an admission of guilt. It is a basic protection. Counsel can advise on whether and how to respond to investigators, what rights exist at each stage, and how to avoid the missteps that commonly damage a defense.
Many service members also choose to retain a civilian military defense attorney who focuses on courts-martial. Whether the representation is military, civilian, or both, the point is to bring a lawyer into the matter before making any decisions about cooperating, consenting to searches, or providing access to phones and devices.
Do Not Contact The Accuser Or Witnesses
Reaching out to the person making the accusation, or to potential witnesses, is a serious mistake. It can be perceived as intimidation or obstruction, can lead to additional charges, and can result in a military protective order or no contact order. If such an order is issued, the service member must follow it precisely. Any communication, even one that seems harmless or is initiated by the other person, should be avoided and reported to defense counsel.
Preserve Evidence And Information
While the service member should not investigate the case personally or confront witnesses, it is appropriate to preserve information that may help the defense. This can include text messages, emails, social media exchanges, photographs, location data, and the names of people who may have relevant knowledge. Rather than acting on this material directly, the service member should turn it over to defense counsel, who can determine how to use it lawfully and effectively. Devices and accounts should not be altered or deleted, since destroying evidence can create new legal problems.
Understand The Process That Lies Ahead
Knowing the general path of a case helps reduce uncertainty. After an investigation, the command decides how to proceed. For charges headed toward a general court-martial, Article 32 of the UCMJ provides for a preliminary hearing before referral, conducted by a hearing officer who is a judge advocate, to determine whether there is probable cause to believe an offense was committed and that the accused committed it. The accused has rights at that hearing, including representation by counsel. Evidence about the alleged victim’s sexual history is tightly limited at trial by Military Rule of Evidence 412, which requires a written motion and a closed hearing before any such evidence may be considered.
A service member does not need to master these rules, but understanding that there are formal stages, each with protections, can make it easier to work patiently with counsel rather than reacting out of fear.
Protect Your Standing And Conduct
Throughout the process, the service member should continue to perform duties professionally, comply with all lawful orders, and follow any conditions the command imposes. Maintaining good conduct does not resolve the accusation, but poor behavior or further misconduct can compound the situation and remove options. Personal support matters as well, and a service member should consider lawful sources of support while being mindful that conversations with friends and family are generally not protected from disclosure the way conversations with an attorney are.
The Bottom Line
After an Article 120 accusation, the priorities are clear. Remain silent, request a lawyer immediately, avoid all contact with the accuser and witnesses, preserve helpful information for counsel rather than acting on it alone, and comply with every lawful order while the process unfolds. These steps do not decide guilt or innocence, but they protect the rights and options that a strong defense depends on. Because each case is unique and the stakes are severe, a service member facing such an accusation should seek experienced military defense representation as early as possible.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how the Uniform Code of Military Justice (UCMJ), the Rules for Courts-Martial, the Military Rules of Evidence, and related military administrative processes work as a matter of public legal education. It does not constitute legal advice, a legal opinion, or a recommendation about any particular case, and it is not a substitute for advice from a qualified military defense attorney who can evaluate the specific facts and command, service, and jurisdictional circumstances involved.
Reading this article, or contacting any website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author. Every court-martial, nonjudicial punishment action, administrative separation, and security-clearance matter turns on its own facts, the charged articles, the convening authority, the service branch, and the evidence, and outcomes vary widely from one case to another.
Military law also changes over time. The Military Justice Act of 2016 (effective January 1, 2019) and subsequent National Defense Authorization Acts renumbered and rewrote many punitive articles, revised the Article 32 preliminary hearing, and altered sentencing, clemency, and appellate procedures. Statutes, regulations, executive orders, the Manual for Courts-Martial, and decisions of the service Courts of Criminal Appeals and the Court of Appeals for the Armed Forces may have been amended, superseded, or reinterpreted after this article was written, and article numbers or procedures cited here may have changed.
For these reasons, no reader should act or decline to act based on this content without first consulting a licensed attorney experienced in military justice about their own situation. The author and publisher make no warranty, express or implied, as to the accuracy, completeness, timeliness, or current applicability of the information provided, and disclaim any liability for any action taken or not taken in reliance on it. If you are facing investigation, charges, or an adverse administrative action, time limits may apply, and you should seek qualified counsel promptly.