Military Sexual Assault Defense

Military Sexual Assault Defense Lawyer

Accusations of military sexual assault under Article 120, UCMJ can destroy a service member’s career, reputation, and freedom. In today’s military environment, that risk is even higher because of the creation of the Office of Special Trial Counsel (OSTC) and intense political pressure to prosecute nearly every allegation.

Commanders, investigators, and prosecutors are now incentivized to pursue convictions, even in weak or fabricated cases. Allegations that previously might have been handled at the command level or dismissed as unsubstantiated are now aggressively moved toward court-martial through the new independent prosecution system.

Korody Law, P.A. provides aggressive, strategic military sexual assault defense for service members worldwide. Korody Law’s team of former Navy and Marine Corps JAGs are experienced Article 120 UCMJ and OSTC court-martial defense attorneys who understands how the government builds these cases—and how to dismantle them.

The Impact of OSTC: A New Era of Military Sexual Assault Prosecution

Under recent reforms, including the Fiscal Year 2022 National Defense Authorization Act, Congress removed the authority to prosecute serious offenses — including sexual assault — from commanders. Those decisions now rest with the Office of Special Trial Counsel (OSTC).

In a military sexual assault case, OSTC typically means:

  • Independent prosecutors with significant political and institutional pressure to pursue convictions.
  • Specialized training in trauma-informed interviewing, forensics, and victim-centered prosecution theory.
  • A mandate to aggressively prosecute allegations, even when evidence is limited or credibility is in question.

The result is simple: more cases going to court-martial — even when they lack corroboration, physical evidence, or logical consistency. If OSTC has taken over your case, the government is actively building a prosecution strategy against you right now.

Article 120, UCMJ – Military Rape and Sexual Assault Charges

Article 120, UCMJ is the statute that criminalizes rape and sexual assault in the military. The current version applies to offenses committed on or after January 1, 2019; earlier versions apply to older allegations. Congress has repeatedly amended Article 120 to make it easier to prosecute and convict service members of sex offenses.

Article 120 covers four primary offenses:

  • Rape
  • Sexual Assault
  • Aggravated Sexual Contact
  • Abusive Sexual Contact

Rape – Article 120, UCMJ

Rape involves a sexual act committed by:

  • Unlawful force;
  • Force causing or likely to cause death or grievous bodily harm;
  • Threats or placing a person in fear of death, grievous bodily harm, or kidnapping;
  • Rendering the person unconscious; or
  • Administering drugs, intoxicants, or similar substances.

A conviction for rape under Article 120 carries a mandatory Dishonorable Discharge and up to life in prison, with or without eligibility for parole.

Sexual Assault – Article 120, UCMJ

Sexual assault involves a sexual act where:

  • The alleged victim is placed in fear;
  • The act is induced by fraud, artifice, pretense, or concealment;
  • The act is committed without consent;
  • The person is asleep, unconscious, or otherwise unaware; or
  • The person is incapable of consenting.

A conviction for sexual assault under Article 120 carries a mandatory Dishonorable Discharge and up to 30 years in prison.

Article 120 broadly defines a sexual act, often including minimal penetration or certain forms of oral contact. Even limited or disputed contact can be charged as a sexual act.

Aggravated Sexual Contact & Abusive Sexual Contact

Both Aggravated Sexual Contact and Abusive Sexual Contact involve sexual contact rather than a sexual act, but they still carry devastating consequences.

  • Aggravated Sexual Contact: sexual contact using force, threats, drugs, or by rendering the person unconscious. Punishment can include up to 20 years in prison and a possible Dishonorable Discharge.
  • Abusive Sexual Contact: sexual contact without consent, through fraud or concealment, or when the person is asleep, unconscious, or incapable of consenting. Punishment can include up to 7 years in prison and a possible Dishonorable Discharge.

“Sexual contact” includes direct or indirect touching of intimate body parts with an intent to abuse, humiliate, harass, degrade, or gratify sexual desire. That broad definition allows prosecutors to turn relatively minor allegations into serious sex crime charges.

Consequences of a Military Sexual Assault Conviction

A conviction for a military sex offense under Article 120, UCMJ — especially in an OSTC-controlled case — can result in:

  • Dishonorable or Bad-Conduct Discharge
  • Significant confinement (often years)
  • Sex offender registration in many jurisdictions
  • Loss of retirement, VA benefits, and future civilian employment opportunities
  • Serious damage to your reputation, family relationships, and career

OSTC cases are tracked, audited, and scrutinized. Prosecutors are evaluated on how they handle these cases. That system does not reward leniency, restraint, or “giving the accused the benefit of the doubt.”

These are life-changing penalties. You need a military sexual assault defense lawyer who is prepared to fight every allegation at every stage: investigation, Article 32 preliminary hearing, and court-martial.

Former JAGs, Article 32 Hearing Officers, Military Judge, & Special Victims Prosecutors on Your Side

The Korody Law team has more than 75 years of experience handling military sex crimes worldwide, including:

  • Service as a Special Victims Prosecutors responsible for prosecuting sexual assault cases.
  • Experience as a defense counsel representing service members facing Article 120 and other serious charges.
  • Former military judge and Article 32 Hearing Officers.
  • Advising commanders on sexual assault policy, investigations, and disposition decisions.

He has received specialized training in:

  • Drug- and alcohol-facilitated sexual assault
  • DNA evidence and forensic analysis
  • Blood alcohol and impairment evidence
  • Cross-examination of trauma-informed or coached complainants

Today, the Korody Law team uses thier insider perspective to confront and dismantle OSTC court-martial strategies and to build powerful defense cases for service members in the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.

What You Are Up Against in a Modern Military Sexual Assault Case

If you are under investigation or facing court-martial for military sexual assault, you are likely up against:

  • OSTC prosecutors with independence from the local chain of command and strong institutional pressure to pursue charges.
  • Special Agents from NCIS, CID, OSI, or CGIS whose primary goal is to obtain a confession or damaging statement.
  • Victim Legal Counsel (SVC/VLC) who will push for the most aggressive possible disposition.
  • Panel members (the jury) who receive repeated mandatory training emphasizing “believe the victim.”
  • Command climate and policy messages that discourage dismissals and non-judicial resolutions in sex offense cases.

This system is not neutral. It is designed to favor prosecution. That is why you need an experienced Article 120 UCMJ defense attorney to level the playing field.

How Korody Law Defends Military Sexual Assault and OSTC Cases

At Korody Law, we do not assume the government’s version of events is true simply because an allegation has been made or OSTC has taken jurisdiction.

We focus on:

  • Challenging credibility by identifying inconsistent statements, motives to fabricate, and bias from the accuser and witnesses.
  • Conducting an independent defense investigation, including gathering digital evidence, messages, social media, and witness statements.
  • Filing motions to suppress statements obtained through coercive or improper interrogations and unlawful searches and seizures.
  • Attacking forensic and scientific evidence, including DNA and toxicology, using experienced experts.
  • Exposing OSTC and advocacy-driven bias in charging decisions and prosecutorial theory.
  • Building a defense narrative consistent with the evidence: consensual encounter, mistaken perception, or outright fabrication.

In a system where investigators, prosecutors, and commanders are trained and encouraged to assume the accuser is telling the truth, we insist that the government prove its case and we forcefully expose weaknesses in the evidence.

False Allegations and the Military Environment

False or exaggerated allegations do occur. In the military environment, there are powerful incentives that can lead to untrue or distorted claims, including:

  • The ease of reporting and access to a large support network of advocates, legal counsel, and resources for alleged victims.
  • Potential administrative or career benefits for reporting, such as transfers, protections, or relief from disciplinary issues.
  • Pressure to explain away poor decisions, infidelity, or behavior that could harm a service member’s own reputation.

Our military sexual assault defense practice focuses on uncovering the real reasons behind allegations and exposing those dynamics to the commander, OSTC, and the court.

Free Confidential Case Consultation – Military Sexual Assault & OSTC Defense

If you are:

  • Under investigation by NCIS, CID, OSI, or CGIS for sexual assault or related offenses;
  • Notified that OSTC has taken over your case;
  • Facing an Article 32 preliminary hearing or court-martial under Article 120; or
  • Concerned that a sexual assault allegation could lead to separation, loss of benefits, or a federal conviction,

You should contact Korody Law, P.A. immediately. The earlier we become involved, the more options we have to protect you.

Your silence cannot be used against you. Your statements — even informal ones — can destroy your case. Do not talk to investigators or OSTC without first speaking to a military sexual assault attorney.

Contact Korody Law for a Free Confidential Case Evaluation at (904) 383-7261

Frequently Asked Questions About Military Sexual Assault & OSTC Defense

Frequently Asked Questions

What does it mean if the OSTC has taken over my case?

If the Office of Special Trial Counsel (OSTC) has taken over your case, the military considers the allegation serious. An independent OSTC prosecutor is reviewing the evidence with an eye toward court-martial. Dismissals are now rare, and proactive defense strategy is critical.

Does OSTC involvement mean I will automatically go to trial?

No — but OSTC involvement significantly increases the likelihood of charges and trial. Early intervention by an experienced military sexual assault defense attorney may prevent charges or reduce case exposure.

Can I be convicted of military sexual assault with no physical evidence?

Yes. Many Article 120 sexual assault cases rely primarily on testimony and circumstantial evidence. Credibility analysis, motive to fabricate, and inconsistencies are critical defense components.

Should I talk to NCIS, CID, OSI, CGIS, or OSTC if I am accused?

No. You should never make a statement to investigators or prosecutors without legal counsel. Anything you say will be used to build the government’s case. You have the absolute right to remain silent.

What if alcohol was involved and I thought the encounter was consensual?

Alcohol complicates consent assessments. The government may argue the alleged victim lacked the capacity to consent. Defense strategies often include expert toxicology, memory analysis, and electronic communications evidence.

Do I need a civilian military defense attorney if I already have military counsel?

Yes. Civilian defense counsel provide independent strategy, additional resources, and OSTC-specific litigation experience. Most service members facing Article 120 charges benefit from a combined civilian–military defense team.