THERE IS NO “GOOD” OUTCOME IF ACCUSED OF SEXUAL HARASSMENT IN THE NAVY.
After your reputation is destroyed by a sexual harassment charge, you can only hope to save your career.
Military members are not covered by the Equal Employment Opportunity Commission (EEOC). Rather, each service has issued regulations prohibitting sexual harassment and violations of which may be punishable under UCMJ Article 92 (Failure to Obey a Lawful Regulation). Additionally, depending on the conduct, it could be charged as Maltreatment under Article 93, Assault under Article 128, or Sexual Contact under Article 120. Sexual harassment allegations, if substantiated, will end a military member’s career – that is why it is extremely important to consult with an experienced military lawyer immediately when informed that a sexual harassment allegation has been made against you.
In the Navy, SECNAVINST 5300.26D prohibits sexual harassment and provides that a “violation of these provisions by military personnel is punishable in accordance with the Uniform Code of Military Justice (UCMJ).” SECNAVINST 5300.26D defines sexual harassment in the Navy two different ways:
The first type is Quid Pro Quo conduct, meaning “something for something” or “this for that.” This commonly manifests itself when there is a superior-subordinate relationship and the superior requests sexual favors or other sexual conduct (or the subordinate offers the same) in exchange for favorable treatment. In the military, this commonly involves favorable assignments, training opportunities, or evaluations/awards.
The second type is a Hostile Work Environment, meaning that the conduct is so pervasive or severe that it now interferes with the work environment. This is the most common type of sexual harassment alleged in the Navy, and it’s a difficult standard to understand because it has both subjective and objective prongs. It normally manifests itself in deliberate or unwelcome sexual comments, gestures, or touching.
There are few things to be deeply concerned about if accused of sexual harassment in the Navy. First, if there is physical contact involved in the allegation, NCIS will probably investigate the crime as a felony sex assault. Second, you may end up at a court-martial because of the politically charged environment in today’s Navy. And, third, any substantiated allegation of sexual harassment that involves physical contact of a sexual nature, rewards in exchange for sexual favors, or threats or influence on a career or job in exchange for sexual favors requires mandatory administrative separation processing from the Navy per the MILPERSMAN – meaning that they have to try to kick you out no matter what rank you are, how long you have been serving, or how much time you have remaining on your enlistment or until retirement.
So What Is The Best Defense For Sexual Harassment in the Navy?
That’s easy. Get a lawyer. Immediately. Before you speak to anyone in your command about the allegation or to any other investigator. Believe me, you cannot talk your way out of a sexual harassment allegation in the Navy.
Attorney Patrick Korody spent 10 years on active duty in the Navy JAGC where he specialized in military justice. He has litigated dozens of sexual harassment cases as court-martial and administrative separation boards. He is based in Jacksonville, FL and represents service members facing allegations of sexual harassment worldwide.