Sexual Assault Defenses | Article 120

Sexual assault allegations can strip you of your rank, reputation, money, time, and freedom if you don’t find someone to properly defend you. The best thing to do is call a professional, highly skilled defense attorney who knows how to handle military cases. This is where we come in.  Click here to see the types of sexual charges we defend against.

Recent Sex Assault Case Results

Case Summary:
US Air Force Captain charged with numerous sex crimes in federal and military courts.

Indictment dismissed

Case Summary:
Recruiter accused of sexual assault.

Case dismissed through USAREC following the Article 32 preliminary hearing.

Case Summary:
Service member charged with sexual crimes against wife.

Case dismissed

Elements of Sexual Assault

Sexual assault is a sexual contact or act that is non-consensual and occurs through the assaulter’s use of threats, bodily harm or the victim’s incapacitation. Sexual assault can range from groping and battery to non-consensual sexual intercourse. It can even happen between spouses. These laws cover any form of nonconsensual sexual contact occurring between men, women or children.

Sexual Assault Defenses

There are several defenses one can take for sexual assault cases (Article 120). Some of the most common are:

  • Innocence: The accused claims that the sexual assault and encounter never took place. This typically involves a “mistaken identity” claim, or an alibi proving you were somewhere else when the assault happened.
  • Consent: The accused admits that the sexual encounter did take place, but that the other person involved consented to the act or that the accused reasonably believed that the other person consented.
  • Insanity or Mental Incapacity: The accused claims that they have or had a mental disorder during the time the crime took place and should therefore not be held criminally liable for their actions.

These common defenses are difficult to prove, even with compelling evidence. It is so important to have someone fighting for you who knows how to win sexual assault cases. Garrison Wood is a military defense lawyer that can help you reclaim your rights. We know how to fight against allegations like these, and we know how to win.

Types of Charges We Defend Against:

Article 120 A Stalking
Article 120 Rape and Sexual Assault
Article 120 Aggravated Sexual Assault Charges
Rape and Sexual Assault of a Child Charges
Sexual Misconduct Charges in the Military
Article 134: Adultery
UCMJ Article 134: Pandering and Prostitution
UCMJ Article 134: Fraternization
UCMJ Sexual Misconduct Against Junior Soldiers
UCMJ Article 120b
UCMJ Article 120c
UCMJ 120c Indecent Recording
UCMJ Article 120c Indecent Viewing

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