Accused of Sexual Harassment in the Military? | Korody Law Defense

/ Military Law / By

Accused of Sexual Harassment in the Military? How to Protect Your Career, Rights, and Future

If you are under investigation or accused of sexual harassment in the military, your career, rank, benefits, and reputation are at risk. A single allegation—true or false—can result in NJP/Article 15, administrative separation, loss of promotion, or even court-martial. This guide explains exactly what to do (and what NOT to do) to protect yourself.

Korody Law is a national military defense firm led by former Navy JAG officers who have defended hundreds of service members worldwide. Do not face a sexual harassment investigation alone.

What Counts as Sexual Harassment in the Military?

The DoD and all service branches define sexual harassment in nearly identical ways. While each branch uses different instructions, the core concept remains the same: sexual harassment includes any unwelcome sexual conduct that creates a hostile environment or affects a person’s military performance.

Service-specific sexual harassment policies include:

  • Navy: OPNAVINST 5354.1J (CMEO)
  • Marine Corps: MCO 5354.1G (PAC)
  • Army: AR 600-20 (SHARP Program)
  • Air Force: AFI 36-2710 (Equal Opportunity)
  • Coast Guard: COMDTINST 5350.6

Examples of Conduct That May Be Considered Sexual Harassment

  • Verbal: jokes, comments, sexual remarks
  • Physical: touching, hugging, or gestures
  • Visual: sexually explicit images or content
  • Non-verbal: staring, leering, suggestive body language

The problem: what one person thinks is harmless, another may find offensive—and many commands view allegations through the lens of the accuser, even if their perception is unreasonable.

Before you answer a single question, talk to a military defense lawyer.

Step 1: Stay Calm and Do NOT Try to “Explain Things Away”

Service members often make their situation much worse by trying to resolve the issue themselves. Do NOT:

  • Apologize to the accuser
  • Send text messages or social media messages
  • Give a statement to command without counsel
  • Try to negotiate privately with the complainant
  • Lose your temper or confront anyone involved

Anything you say can and will be used against you in an investigation, NJP, administrative separation, or court-martial. Even innocent explanations are often twisted into admissions.

The safest move is to remain silent and immediately request legal counsel.

Step 2: Understand How Military Sexual Harassment Investigations Work

Most commands launch an investigation under:

  • Command Investigation (JAGMAN, CDI, AR 15-6)
  • Law Enforcement Investigation (NCIS, CID, AFOSI, CGIS)
  • EO/Equal Opportunity Investigation

These investigations are NOT neutral. Investigators are trained to start with the assumption that the accuser is telling the truth. Many focus on proving the allegation rather than determining what actually happened.

Common problems with military sexual harassment investigations:

  • Accused is interviewed before being told details of the allegation
  • Investigators rarely interview favorable witnesses unless pushed
  • Commands often rely heavily on hearsay
  • The accused may not receive the evidence until after findings are made
  • EO investigations are often rushed and incomplete

A poor investigation can lead to:

  • NJP/Article 15
  • Administrative separation boards
  • Loss of security clearance
  • Negative performance evaluations
  • Court-martial referral for more serious allegations

Step 3: Level the Playing Field by Hiring an Experienced Military Defense Attorney

Your Commanding Officer has a Staff Judge Advocate. The investigating officer has a legal advisor. The complaining witness has a Victim Legal Counsel. OSTC Prosecutors reviewing sexual harassment investigations for court-martial are trained lawyers.

You should NOT be the only person involved without a lawyer protecting your rights.

What a Civilian Military Defense Lawyer Can Do for You

  • Obtain details and evidence that commands often refuse to provide
  • Prepare you for questioning or advise you to REMAIN SILENT
  • Contact the investigator or SJA to challenge improper evidence
  • Demand that your witnesses be interviewed
  • Draft rebuttals, written statements, and legal responses
  • Fight administrative separation, NJP, or court-martial
  • Protect your security clearance

Early legal intervention is often the difference between case dismissal and career-ending punishment.

Step 4: Protect Yourself Immediately

If you have been notified of a sexual harassment complaint or you suspect one may be filed, take the following steps:

  • Stop all communication with the complainant / accuser
  • Preserve helpful evidence (texts, emails, witnesses)
  • Do NOT discuss the case with coworkers or leadership
  • Contact a military defense attorney BEFORE answering questions

Your command may try to convince you to talk “informally” first—but these conversations are rarely informal and often become evidence.

Why Military Sexual Harassment Accusations Are So Dangerous

Even if the allegation seems minor or totally false, a substantiated finding can follow you for the rest of your career.

Possible consequences include:

  • Court-Martial Charges Under the Uniform Code of Military Justice
  • NJP/Article 15 punishment
  • Administrative separation with an OTH or General characterization of service
  • Bars to reenlistment
  • Loss of promotion or command eligibility
  • Security clearance suspension or revocation
  • Mandatory registry or federal reporting in severe cases

You cannot assume the command will arrive at the truth without your defense being presented effectively.

Final Thoughts: Your Career and Future Are Worth Protecting

Being accused of sexual harassment in the military is extremely stressful—but you do not have to face the process alone. You have rights, you have defenses, and the outcome is NOT predetermined.

Do not wait until it is too late. The earlier you involve a military defense attorney, the more options you have to protect your future.

Contact Korody Law today for a confidential consultation at (904) 383-7261

Frequently Asked Questions (FAQ)

Can I get kicked out of the military for sexual harassment?

Yes. Even a first-time allegation may result in administrative separation, NJP/Article 15, or court-martial depending on the facts and command recommendations. Under certain regulations, a substantiated finding of sexual harassment is mandatory administrative separation processing – meaning that if the commander finds there was sexual harassment, the commander must take action to separate you from the service for misconduct.

Should I talk to the investigator if I did nothing wrong?

No. Innocent statements are often misinterpreted. Always speak with a military defense lawyer before answering questions.

Will a sexual harassment investigation affect my security clearance?

Yes. Many cases automatically trigger a clearance review or suspension, especially for service members with TS/SCI access.

Can I fight or appeal a sexual harassment finding?

Absolutely. The best time to fight is during the course of the investigation., You can submit rebuttals, statements, witness evidence, and attorney responses. You can also appear substantiated findings of sexual harassment. A military defense lawyer significantly increases your chances of success.

If you have been accused of sexual harassment in the military, CALL KORODY LAW for a free consultation.