Military Defense • Article 120 • Courts-Martial • Worldwide
Military Sexual Assault Defense
Allegations of sexual assault under Article 120, UCMJ can trigger immediate consequences— investigation by NCIS/CID/OSI/CGIS, restriction or no-contact orders, loss of assignment, adverse admin action, and exposure to court-martial. Korody Law, P.A. defends service members worldwide and builds early strategy to protect rights, challenge the investigation, and preserve the record.
Call/Text: (904) 383-7261 • Jacksonville, FL • Military matters worldwide
Three rules that protect you immediately:
1) No statements to investigators, command, friends, or “informal” interviewers before counsel.
2) Do not consent to searches of phone, home, vehicle, cloud accounts, or devices.
3) Preserve evidence (texts/DMs, call logs, location data, receipts, witnesses)—do not delete anything.
What Makes Military Sexual Assault Cases Different
Military sexual assault allegations are often investigated fast, with specialized personnel and an institutional focus on victim services and reporting compliance. Even when a case does not result in conviction, the process can drive parallel consequences: clearance impacts, adverse evaluations, duty restrictions, and administrative separation risk. Your defense must account for the court-martial case and the administrative record.
Article 120, UCMJ: What It Covers
Article 120 is the UCMJ statute that addresses rape and sexual assault offenses. The definitions, elements, and applicable version can depend on the date of alleged conduct and statutory amendments.
Common Article 120 Allegations
- Rape
- Sexual assault
- Aggravated sexual contact
- Abusive sexual contact
The government’s theory often hinges on consent, capacity, intoxication, communications, and credibility.
Evidence Themes We See Repeatedly
- Text/DM context and timeline inconsistencies
- Alcohol and memory disputes (blackout vs. incapacity)
- Third-party witnesses and “outcry” statements
- Digital location data, photos/video, and surveillance
- Forensics (SANE/SAFE exam, DNA, toxicology)
Modern Charging Environment and Specialized Prosecution
In recent years, the military has moved toward specialized prosecution of serious offenses, including sexual assault. In many cases, charging decisions and plea discussions are handled through specialized prosecutor offices and processes. The practical impact is that cases are often litigated aggressively, and early defense planning matters more than ever.
How Korody Law Builds Defense in Military Sexual Assault Cases
We build defense around the evidence—not the accusation. The objective is to control risk early, challenge the government’s narrative, and build a record that stands up at trial and on review.
1) Rights + statement strategy
- Prevent “voluntary” statements that become confessions
- Handle controlled calls/texts and pretext communications
- Coordinate command contact to reduce avoidable damage
2) Independent investigation
- Preserve digital evidence and identify missing context
- Develop witness lists and interviews beyond the government file
- Build a defensible timeline grounded in objective proof
3) Credibility, motive, and impeachment
- Expose inconsistencies and changed accounts
- Identify motive and external pressures when supported
- Challenge “assumptions” not supported by evidence
4) Forensics and expert strategy
- DNA/toxicology interpretation and limits
- Memory science in intoxication cases where relevant
- Cross-exam themes that properly frame the science
Administrative Consequences Still Matter
Many clients are surprised to learn that administrative consequences can follow even without a conviction. Depending on the facts and command posture, collateral risks may include adverse evaluations, clearance impacts, limitations on duties, and separation processing. A disciplined defense plan accounts for both outcomes: trial exposure and administrative record preservation.
Frequently Asked Questions
Should I talk to investigators “to clear it up”?
Usually, no. In sexual assault investigations, even small inconsistencies become central trial issues. Speak with counsel first.
What is a “controlled call” or “pretext” message?
Investigators sometimes arrange calls or texts to elicit admissions. Do not respond—contact counsel immediately.
Does DNA prove guilt?
DNA can show contact or presence; it does not automatically establish lack of consent. Context, timelines, and credibility still matter.
Can I have both a court-martial case and an administrative case?
Yes. Strategy must account for parallel consequences and avoid creating admissions that harm either track.
Related Pages
Accused of military sexual assault? Early decisions can determine the record and the outcome.
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.