Military Sexual Harassment Defense Attorneys

Have You Been Accused of Sexual Harassment?

The military takes accusations of sexual harassment within its ranks very seriously. A false allegation of sexual harassment can result in an investigation, relief for cause, adverse counseling, involuntary separation processing, or even a court-martial. If substantiated, an accusation of sexual harassment can end a service member’s career and result in severe punishment. 

You have the right to defend yourself from sexual harassment accusations by hiring a private attorney to represent you throughout any administrative or court-martial process. If you want to be confident in your choice of defense counsel, choose Military Justice Attorneys. With more than 75 years of combined legal experience, you can trust that the attorneys at MJA have the resources and in-depth knowledge to protect you and the future of your military career.

If you are the subject of a sexual harassment investigation or charge, call (843) 773-5501 now and request an initial consultation.

Article 134, UCMJ – Sexual Harassment

Sexual harassment under Article 134 of the Uniform Code of Military Justice (UCMJ) requires the government to prove four elements:

1. The accused knowingly made sexual advances, demands, or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
2. The conduct of the accused was unwelcome;
3. The conduct, under the circumstances, caused another person to reasonably believe that submission to or rejection of the conduct would impact their job, pay, career, benefits, or entitlements; would be used as a basis for career decisions; or created a hostile or offense working environment; and
4. That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

In other words, the UCMJ focuses on unwelcome sexual conduct that the complainant believed would affect their career in one way or another depending on how they responded to it. For example, an officer who requests sexual favors in exchanged for providing career advancement opportunity to a lower ranking service member could be charged with sexual harassment. Sexual harassment can be punished under Article 92 or Article 134, UCMJ, and can result in adverse administrative action or criminal prosecution. 

“Nature of Victim” in Sexual Harassment Cases

The UCMJ sexual harassment statute applies a very broad definition to the “nature of victim.” Under this definition, virtually any person, regardless of gender or seniority, can be a victim of sexual harassment. This includes civilians. Article 134 protects anyone who by “some duty or military-related reason may work or associate with the accused,” regardless of whether the person affected is subject to the UCMJ. 

Additionally, the  location of an alleged act of sexual harassment is mostly a moot point under Article 134—sexual harassment can occur at any location, on or off base. Also, either party’s status of being on duty or off duty at the time of the alleged act is not a critical factor in the charges. It is not unusual for sexual harassment accusations to originate from recreational gatherings and settings, possibly due to miscommunications. Finally, physical proximity is not required, and sexual harassment can be communited online or through other electronic means like through text messaging or social media platforms.

Penalties for Sexual Harassment

If you have been accused of sexual harassment, do not take the situation lightly. Even if you think you did nothing wrong or if the accusation does not coincide with an accusation of another serious sex crime like sexual assault, you could be penalized harshly if the court-martial process does not go in your favor.

The maximum punishments for a service member convicted of sexual harassment include:

1. Dishonorable discharge
2. Forfeiture of all pay and allowances
3. Confinement in military prison for 2 years

Even if you do not receive a punitive discharge or confinement, the conviction alone can serve as the basis to involuntarily separate a service member from active duty. 

Sexual Harassment as a “Covered Offense”

On 1 January 2025, the Manual for Courts-Martial was updated to include substantiated allegations of sexual harassment as a covered offense to be handled by the Office of Special Trial Counsel (OSTC). 

Established by the FY22 National Defense Authorization Act (NDAA), the OSTC is composed of specially trained military lawyers responsible for the prosecution of serious criminal offenses under the UCMJ. The OSTC is independent from the military chain of command of the accused and has the exclusive authority to determine whether a “covered” offense should be prosecuted. 

Under the new requirement, a formal complaint of Article 134, Sexual Harassment, will be promptly reported to the OSTC after the complaint has been substantiated in accordance with service policy.  If the sexual harassment complaint is not substantiated, then there is no requirement to report the allegation to the OSTC. Once a substantiated complaint is received, the OSTC will serve as the exclusive referral authority over the covered offense. In other words, the OSTC will decide whether to prosecute the case or not.

How to Defend Yourself Against Sexual Harassment Charges

Need to defend yourself from accusations of sexual harassment? Get your defense strategies moving quickly by coming to Military Justice Attorneys. Our military sexual harassment defense attorneys can represent clients from every branch of the U.S. Armed Forces and who are posted at bases foreign and domestic.

Based on the circumstances of your case, common defenses may include: 

1. False accusations or accusations with ulterior motives;
2. Lack of evidence;
3. Reasonable mistake of fact;
4. Failure of due process;
5. Alibi;
6. Entrapment or coercion;
7. Expired statute of limitations for prosecution;
8. Mistaken identity.

Don’t Wait – Call Military Justice Attorneys Now

When your career, freedom, and future are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, Military Justice Attorneys will zealously fight for you.  We have successfully defended service members facing investigation, court-martial, and discipline for some of the most serious offenses under the UCMJ and will ensure that every avenue of defense is aggressively pursued on your behalf.  

Contact us today to see how we can help defend you against sexual harassment charges in the military.