This page gives a general overview of these practice areas. For detailed explanations and practical guidance, see the related subpages
Military sex offenses cover a broad range of conduct under the UCMJ. These cases fall under Articles 117a, 120, 120b, 120c, 127, and 134. Each article addresses a different category of behavior. The same event can fall under several articles because one set of facts may fit multiple legal theories. These offenses generally involve “contact” allegations. We maintain a separate practice area for child sexual abuse material (CSAM) and related offenses.
Our Experience in These Cases
Our attorneys have spent more than twenty-five years defending sexual assault and sexual misconduct cases under the UCMJ. We have litigated Articles 117a, 120, 120b, 120c, 127, and 134 in every branch. A large part of this work involves examining testimony affected by alcohol, memory gaps, faulty interpretation, digital timelines, and bias.
Our experience gives us a strong understanding of how these cases are investigated, how evidence is evaluated, and where the pressure points are.
This page introduces the overall practice area. The subpages explain each offense in detail.
Why These Offenses Are Covered by Multiple Articles
The articles serve different purposes.
- Article 120 focuses on consent in adult cases.
- Article 120b related to offenses against minors; consent is not an issue.
- Article 120c covers sexual behavior that does not fit the definitions in Article 120 (indecent acts, exposure, unwanted images, voyeurism).
- Article 117a covers unauthorized distribution of intimate images.
- Article 134 covers CSAM, obscene communication, indecent conduct, and online enticement.
- Article 127 covers extortion and threats used to obtain sexual images or cooperation.
Consent, Intent, and Communication (Adult Cases)
In adult cases, the legal disputes usually involve consent. Significant areas of attention include:
- what each person believed at the time
- how the interaction developed and how the parties acted afterward
- the role of alcohol
- tone, wording, and context in messages
The word of a single witness can be enough for a conviction. All that’s required is proof beyond a reasonable doubt, no matter how small or large the volume of evidence is.
Digital Conduct and Modern Communication
Many sex offense cases now arise entirely from digital exchanges. Examples include:
- images shared during a relationship that were later forwarded
- unwanted images sent through social media
- recording or viewing someone in a private place
- synthetic or AI-generated images that appear to depict minors
- “sextortion” attempts where threats are used to obtain images or money
Phones, screenshots, metadata, and cloud storage play a major role in many cases.
Nature of Various Military Sex Offenses
Sexual Assault and Abusive Sexual Contact (Article 120)
Sometimes referred to as “contact offenses,” like rape.
Sexual Abuse of a Child (Article 120b)
Covers sexual acts or communication with minors or those believed to be minors.
Indecent Conduct and Sexual Misconduct (Article 120c)
Includes exposure, sending unwanted images, sexual acts in public or semi-public settings, and other conduct outside Article 120.
Voyeurism and Unauthorized Viewing (Article 120c)
Involves viewing or recording someone’s private area without consent.
Unauthorized Sharing of Images (Articles 117a and 134)
Applies when intimate images are shared without consent.
Child Sexual Abuse Material (Article 134)
Includes receiving, sending, possessing, producing, or accessing material that appears to depict minors, including AI-generated/altered images.
Enticement and Online Communication (Articles 120b and 134)
Involves persuading or attempting to persuade someone believed to be a minor to engage in sexual activity.
Sextortion and Extortion (Articles 127, 120c, 120b, 134)
Involves threats to obtain images, money, or cooperation.
The Mistake of Fact Defense
Mistake of fact applies when the accused honestly and reasonably believed something that, if true, would have made the conduct lawful.
Two main categories:
- belief in consent
- belief in age
How These Cases Are Evaluated
Relevant evidence may include:
- interviews and recorded statements
- messages
- medical and other forensic exams
- phone and device extractions
- browser histories and internet provider data
- metadata
- witness accounts
- digital reconstruction
OSTC’s Role in Sex Offense Cases
Serious cases under Articles 117a, 120, 120b, 120c, 127, and 134 are reviewed by the Office of Special Trial Counsel (OSTC).
OSTC decides whether the case goes to a general court-martial or is returned to the command for another disposition.
OSTC’s focus is trial viability, not just probable cause.
Communication with OSTC should part of the defense strategy. The defense needs to be involved in how the case is perceived as it develops. The defense also needs to present favorable information early in the case, before referral.
The Article 32 hearing fits into this process. It gives a preliminary hearing officer a chance to comment on the strength of the evidence, credibility of accounts, and whether the case should be handled at a General Court-Martial. Favorable recommendations for the defense can have a big influence on OSTC’s view of the case.
What You Will Find in the Subpages
Each subpage provides:
- an explanation of the offense
- the elements
- how the government builds the case
- what evidence is typical
- how the law interprets the conduct
- relevant defenses
- possible outcomes
If You Need Guidance
If you are facing an allegation under the UCMJ and need help understanding the evidence, the process, or your options, you can contact our office for a confidential review. We will explain the issues and help you determine the next steps. Send us a contact form or call 800-319-3134. We can walk you through the Articles relevant to your case, how these cases are built, and the decisions you will need to make as your case moves forward.