NO STATEMENTS
If you are being accused of military sexual assault, don't make any statements to anyone.
WATCH FOR "CONTROLLED" CALL OR TEXT
Military law enforcement will have the alleged victim contact the suspect by text or phone to try and obtain a confession. Do not answer or respond.
DO NOT CONSENT TO ANY SEARCH
Do not consent to search of your home, car, cell phone or anything else.
Article 120 • UCMJ • Court-Martial Defense • Worldwide
Article 120 UCMJ Defense Lawyer
Article 120 cases are won or lost. The defense begins with exercising rights during the investigation by NCIS/CID/OSI/CGIS and gathering evidence and witnesses to refute the allegation of sexual assault. This page explains how Article 120 cases typically move from investigation to referral, how to defend them, and what to do early to protect your rights.
Call/Text: (904) 383-7261 • Jacksonville, FL • Military matters worldwide
What to Do First in an Article 120 Investigation
- No statements to investigators, command, friends, or “informal” interviewers before counsel.
- No consent searches of phone, devices, home, vehicle, cloud accounts, or DNA collection absent legal process.
- Preserve evidence: texts/DMs, call logs, location data, receipts, photos/video, witness names.
- No-contact compliance (MPO/restrictions) matters—violations can create new charges.
How Article 120 Cases Typically Move Through the System
1) Investigation
Investigations often center on early statements, digital evidence, and witness interviews. The government’s narrative forms early—defense work must start early.
2) Legal review / charging decisions
All allegations of sexual assault/Article 120 must be reviewed by the Office of Special Trial Counsel (OSTC). The OSTC will decide whether to charge the case. Early engagement by counsel with OSTC can deter it from charging the case.
3) Article 32 preliminary hearing (when applicable)
Article 32 is not a “mini-trial,” but it can lock in testimony, identify weaknesses, and shape the future negotiations or the trial. A disciplined approach can materially affect the case posture. It should not be waived without extensive discussion with counsel.
4) Motions / litigation / trial
Motions, expert issues, and admissibility disputes often determine what the factfinder actually hears. Defense planning should integrate cross-exam themes and evidentiary strategy.
Core Defense Themes in Article 120 Cases
Every case is fact-specific, but successful defenses often focus on evidence-based themes rather than conjecture:
- Timeline & context: what the messages, witnesses, and objective forensics actually show.
- Consent narrative disputes: communications before/after and conduct consistent with consent and capacity to consent.
- Capacity & intoxication: distinguishing intoxication, blackout, and legal incapacity and requireing reliable proof.
- Credibility and inconsistency: changes in story, contradictions, and missing corroboration.
- Investigation flaws: tunnel vision, omitted witnesses, misinterpreted forensics, missing investigative actions.
Digital Evidence, Forensics, and Experts
Digital evidence
- Texts/DMs and deleted-message context
- Location and timeline data (when available)
- Photos/video and metadata issues
- Social media spillover and third-party communications
Forensics & expert strategy
- What DNA can—and cannot—prove
- Toxicology and timing limitations
- Memory science issues in intoxication cases
- Cross-exam themes that properly frame the science
Collateral Consequences Beyond Trial
Article 120 allegations can drive consequences before trial and even without conviction: security clearance impact, duty restrictions, adverse evaluations, and administrative separation risk. Defense strategy should protect both the trial outcome and the administrative record.
FAQ
Should I talk to investigators to “clear it up”?
In most cases, no. Early statements can create admissions or inconsistencies that become central trial issues.
Does DNA automatically prove guilt?
DNA can show contact or presence. It usually does not resolve consent. Context and timelines still matter.
Can the process start even if the complainant won’t cooperate?
Yes. The government may proceed using other evidence such as digital communications and witness statements.
Related Pages
Facing an Article 120 allegation? The earlier you shape the record, the more options you preserve.
Request a confidential consultation or call/text (904) 383-7261.
Disclaimer: This page provides general information and is not legal advice for any specific case.
Look at this picture!
Look at how many high ranking military officers are gathered to answer for the “sexual assault epidemic” in the military. This has created an environment where military leaders, who control the discipline and court-martial system in the military, feel compelled to send even the most baseless cases to trial by court-martial because of political pressure. This political pressure to “solve” the military sexual assault epidemic then percolates down the ranks reaching those military members that will serve as the jury for a court-martial.
Korody Law fights back to ensure that any military member accused of sexual assault gets fair treatment.
YOUR BEST DEFENSE STARTS HERE
The FBI has estimated that 8% of all reports of sexual assault are false. We believe that the number is significantly higher in the military community. The number is likely higher in the military community because the military has made it extremely easy to make a report of sexual assault and build a system that incentivizes reporting sexual assault. A military member who reports a sexual assault is given a team to help them, the option to transfer units, and the ability to avoid punishment for their own misconduct. The military community is also an environment where an alleged victim can quickly feel pressure to provide a justification for what may have been a poor decision to cheat on a spouse or act in a way that lowers the member in the opinion in the eyes of others – in other words, because of the nature of the community, there are reasons for fabricating allegations of sexual assault to protect oneself.
Military investigators, prosecutors, and commanders are trained to assume that everything an alleged victim reports is truth. We start with the presumption that everything the alleged victim reported is false or exaggerated. And then we work to find inconsistencies in statements and with evidence to undermine the credibility of the alleged victim. We find motives to fabricate and lie. We attack the investigation. We expose the truth. We zealously defend our military clients.
We Fight The Government… And Win.
Military investigations. Federal indictments. Court-martial. Administrative Separation. Board of Inquiry. DHA Peer Review Hearings. Merchant Mariner credential actions. Security clearance revocations.
When Everything Is At Stake.
The government will take everything from you - life, liberty, happiness. Prosecutors build cases long before charges are filed.
Do not talk. Do not explain. Do not cooperate blindly.
Precision planning. Tactical execution. Controlled aggression.
We identify weaknesses in the government’s case and apply pressure where it matters most — whether the battlefield is federal court, a court-martial, a separation board, a white collar investigation, or a credential revocation proceeding.