How Jury Selection Differs in the Military & Article 120 Cases

Courts-martial are military courts that try the serious offenses of accused service members. As in civilian courts, a jury sits in on most court-martial cases. However, the selection process differs greatly, especially for Article 120 cases addressing sexual assault and rape. Learn about the differences and how a military defense attorney can help ensure you … Read more

What to Do If Falsely Accused of Military Sexual Assault

The Uniform Code of Military Justice (UCMJ) is a strict and complex system governing the lives of United States service members. Accusations of military sexual assault under Article 120 of the UCMJ can devastate your career and reputation. While being falsely accused is a distressing experience, it’s crucial to keep a level head. If you’re … Read more

Defending Against Charges of Indecent Exposure in the Military

Facing charges of indecent exposure under the Uniform Code of Military Justice (UCMJ) can be overwhelming for service members. Just what is indecent exposure, how severe are the punishments, and what defenses are available? The information here should provide everything you need to defend yourself against this accusation. The Definition of Indecent Exposure Under the … Read more

U.S. V. SCHLOFF AUTHORIZED REVERSED CONVICTION AFTER UNLAWFUL COMMAND INFLUENCE JEOPARDIZES FINDINGS

In United States v. Schloff, 74 M.J. 312 (CAAF 2015), the Court of Appeals for the Armed Forces (CAAF) maintained the definitions of sexual contact in military criminal justice settings. In particular, it held sexual contact described in Article 120 (g)(2) can be defined by body-to-body contact and/or object-to-body contact. Perhaps more importantly, though, it and the Army … Read more

Article 120 vs. Article 125: What’s the Difference between Rape and Sodomy?

Understanding the legal framework of military law is crucial for service members accused of serious crimes under the Uniform Code of Military Justice (UCMJ). Article 120 and Article 125 are easily confused, as they both deal with sexual activities, but they have unique definitions, prosecution standards, and penalties. Learn the differences between these two sections … Read more

What is the Punishment for Sexual Assault in the Military?

Sexual assault in the military is a serious crime with profound consequences for both the victims and the alleged perpetrators. Sexual misconduct not only undermines the trust and camaraderie essential for military units to function effectively, but it also tarnishes the reputation of the armed forces. For these reasons, the United States military has taken … Read more

What is the Statute of Limitations for Article 120 of the UCMJ?

Understanding statutes of limitations can be complicated, especially when it comes to the military’s Uniform Code of Military Justice (UCMJ). Yet, it’s crucial to realize your legal accountability as a service member accused of a crime. Let’s demystify the statute of limitations for Article 120 of the UCMJ to give you a better understanding of … Read more

What Do the Latest Changes to Military Sexual Assault Prosecution Mean?

A tremendous shift recently occurred in the US military justice system, one that is set to reshape how cases involving sexual assault, among other serious offenses, are handled. This historic change primarily aims to address longstanding concerns and improve trust in the system. But what do these reforms entail, and how do they impact you … Read more

Sexual Assault: Restricted vs. Unrestricted Reporting

Sexual assault is an issue the Armed Forces takes very seriously. Given the gravity of this matter, service members must understand their options when reporting such incidents. Learn about the two main ways to report sexual assault in the military and how a military defense attorney can defend service members accused of sexual assault. Overview … Read more

What is Consent According to UCMJ Article 120?

Consent is a crucial element in the context of sexual assault cases, especially within the military justice system. Article 120 of the Uniform Code of Military Justice (UCMJ) specifically addresses the crime of rape, sexual assault, and other related offenses. Understanding consent according to UCMJ Article 120 is crucial for service members, not only to … Read more