An accusation under Article 119b of the Uniform Code of Military Justice (Child Abuse, Sexual Abuse, Maltreatment, Endangerment) can be the most serious allegation a service member can face. It carries the dual threat of severe confinement, and will almost certainly result in immediate and permanent separation from military service and family.
Since the launch of the Office of Special Trial Counsel, prosecutions under Article 119b have been surging across the military. There is a desperate need for civilian military lawyers with experience defending Article 119b allegations, but not many qualify.
For over 25 years, we have handled the most complex and traumatic cases under Article 119b and related Articles across all branches of the armed forces. Our experience includes defending parents accused of using scalding water to discipline a child, several high-visibility AHT/SBS cases, and even a General Court-Martial where a father was prosecuted for making his child do the cinnamon challenge.
These cases are rarely simple. A successful defense requires a deep understanding of forensic science, military procedure, and the psychology of testimony, not just the law.
The Immediate Systemic Conflict: Command Pressure and Non-Punitive Actions
An allegation of child abuse immediately triggers systemic responses that are separate from the criminal investigation. These actions are often the most urgent challenge for the accused service member.
The Military Protective Order (MPO) and Removal
The command has an overwhelming, non-negotiable obligation to protect the alleged victim. Often, an allegation results in the immediate issuance of a Military Protective Order (MPO) or an order barring contact, or even the immediate relocation of the accused service member.
- Actionable Advice: These are considered non-punitive administrative measures, but they have devastating real-world effects. They can separate you from your family home and strip access to your children. Your defense strategy must immediately evaluate the MPO and prepare an argument to challenge the necessity of these restrictions, demonstrating that less restrictive measures are appropriate. Whatever you do, though, do NOT violate the MPO in any way.
Collateral Damage: Security Clearance and Career Suspension
A serious investigation under Article 119b will almost certainly trigger an immediate review or suspension of your Security Clearance. For many service members, a suspended clearance means a suspended career.
- The mere existence of an investigation, even if uncharged, impacts your ability to perform your job. Command may place you on administrative leave or assign you to menial duties. This pre-judgement is difficult to fight, but documenting these actions is crucial for later mitigation or relief.
The Joint Investigation Pincer
Unlike civilian cases, military child abuse investigations are usually a joint effort involving multiple agencies:
- CID/OSI/NCIS: The lead criminal investigators.
- Child Protective Services (CPS) / Family Advocacy Program (FAP): Focused on child safety and the family environment.
- Civilian Police: If the incident occurred off-base or involves non-military family members.
Service members must be hyper-aware that statements made to any of these agencies, even FAP counselors or CPS workers who may not give Article 31(b) warnings, can and will be shared with criminal investigators. Never speak to any investigator or official about the facts of the allegation without a lawyer present.
The Evidentiary Divide: Forensic Nuance and Medical Defense
In many Article 119b cases, the evidence is not a confession or a clear witness statement, but medical or forensic findings. Winning requires introducing expert testimony to challenge the government’s interpretation of this specialized data.
Medical Finding vs. Legal Certainty
The government’s medical experts will testify that the injuries are “consistent with abuse” or “suggestive of non-accidental trauma (NAT).” These are medical opinions used for diagnosis. The defense challenge is to elevate the standard:
- The medical opinion is not the same as evidence beyond a reasonable doubt. Our defense focuses on creating reasonable doubt by introducing alternative, non-criminal explanations through skillful cross-examination of prosecution witnesses and the use of our own hand-selected experts.
The Power of Differential Diagnosis
A strong defense must engage in Differential Diagnosis, a process where defense experts exhaustively list every potential cause for the injury, beyond abuse. This is the cornerstone of challenging complex medical cases.
- Alternative Causes: In cases involving broken bones or internal bleeding, the defense must explore possibilities like rare medical conditions, genetic disorders (such as Ehlers-Danlos Syndrome or Vitamin D deficiencies), pre-existing injuries, or simple accidents (short falls, rough play).
- Defense Experts: We work with forensic pediatricians, biomechanical engineers, and neuroradiologists to review the government’s full medical file and offer the panel a credible, non-criminal interpretation of the evidence.
Challenging Abusive Head Trauma (AHT) and SBS
Cases involving Abusive Head Trauma (AHT), formerly known as Shaken Baby Syndrome (SBS), are notoriously complex. The triad of symptoms (brain swelling, retinal bleeding, subdural hematoma) was once considered conclusive proof of abuse. However, modern science has introduced significant doubt:
- The Biomechanical Defense: We challenge the government’s premise by introducing evidence that the injuries attributed to shaking or impact may not be physically possible from the mechanism described, or could have been caused by an accidental short fall, choking, or a sudden illness.
- The Timeline Issue: Defense experts can often establish that the onset of symptoms occurred before the accused service member was with the child, effectively shifting the blame or creating irresolvable reasonable doubt about the timing of the trauma.
The Core Defense Challenge: Psychology, Credibility, and Disclosure
When the evidence relies heavily on witness testimony, especially from a child, the defense strategy shifts to focusing on the reliability of the statement and the context of the disclosure.
Forensic Child Interview Protocols
Every military and civilian agency must use specific, standardized protocols (like the NICHD Protocol) when interviewing children to avoid leading questions and suggestion. The defense team’s first task is to obtain and meticulously analyze the entire recording and transcript of the forensic interview.
- Leading Questions: If the interviewer failed to follow the protocol, used suggestive language, or improperly affirmed the child’s answers, the entire reliability of the statement can be called into question.
- The Power of Repetition: We analyze how many times the child was interviewed and by whom. The more the story is rehearsed, the more solidified, but not necessarily more accurate, the testimony becomes.
The Challenge of Delayed Disclosure
In many Article 119b cases, the alleged victim does not disclose the abuse until weeks, months, or even years after the fact. While delayed disclosure is common and understandable, it presents a critical defense challenge.
- The defense must explore the reason for the delay and what occurred between the event and the disclosure that prompted the statement. This often involves looking at who the child was talking to and what motivated the eventual report.
High-Conflict Custody and Accusation
It is a hard truth that child abuse allegations often arise in the context of contentious divorce, custody battles, or high-conflict breakups.
- The defense must investigate the accuser’s motivation, looking for evidence of parental alienation, manipulation, or a motive to gain an advantage in a separation. This is a delicate process that requires extreme care and sensitivity to avoid being seen as “victim-blaming,” while still upholding the service member’s right to a full defense.
Your Defense Starts Now: When to Engage Counsel
You cannot “wait and see” in an Article 119b case. The investigation, the command pressure, and the actions of the Family Advocacy Program start immediately and without fanfare.
If you are notified that you are under investigation by CID/OSI/NCIS, or if you have been issued a Military Protective Order related to child abuse, you must take immediate, decisive action.
- Do Not Speak: Do not attempt to explain yourself, correct a misunderstanding, or offer your side of the story to anyone, including your commander, family members, or investigators. Once you say, “I am invoking my right to remain silent and I request counsel,” all questioning must stop.
- Preserve Evidence: Do not delete anything from your phone, computer, or cloud storage. Deletion looks like consciousness of guilt. Instead, work with a lawyer to secure a forensic copy of your data for future use.
- Call a Civilian Expert: These cases are too complex, too high-stakes, and too specialized for anything less than dedicated, experienced civilian counsel. The right defense starts with the immediate investigation of the medical findings and the circumstances of the disclosure.
We have handled some of the most serious Article 119b cases across all branches of the armed forces. We understand the intense pressure, the complex forensic evidence, and the legal maneuvers required to protect your reputation, your freedom, and your future.
If you are facing an allegation under Article 119b, call us today at 800-319-3134 for an urgent and confidential case review.