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 100 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.

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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 offensive working environment.
  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 exchange for providing a career advancement opportunity to a lower-ranking service member could be charged with sexual harassment.

Case Results We’ve been in the fight & know how to win

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FULL ACQUITTAL

Parris Island, South Carolina. Marine Corporal (E-4) Charged With Sexual Assault Acquitted by Members.

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"NOT GUILTY"

Fort Jackson, South Carolina. Army Major (O-4) Acquitted at General Court-Martial of Sexually Assaulting Another Officer.

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"NOT GUILTY"

Quantico, Virginia. Marine Corporal (E-4) Acquitted at General Court-Martial of Assault and Sexual Assault Charges.

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"NOT GUILTY"

Fort Bragg, North Carolina. Army Specialist (E-4) Acquitted of Sexual Assault and Other Alleged Sex Crimes.

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"NOT GUILTY"

Marine Corporal (E-4) Accused of Sexually Assaulting Soldier Acquitted at General Court-Martial, Medically Discharged.

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CHARGES DISMISSED

Army Staff Sergeant (E-6) Accused of 8 Counts of Sex Crimes Against 5 Alleged Victims, Charges Dismissed Pre-trial.

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CHARGES DISMISSED

Marine Charged with Sexual Assault and Reckless Endangerment Avoids Court-Martial, Administratively Discharged

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CHARGES DISMISSED

Fort Jackson, South Carolina. Charges dismissed against Sergeant First Class (E-7) charged with sexual assault of a trainee.

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FULL ACQUITTAL

Fort Lee, Virginia. Army Cadre Acquitted of Sexual Assault Allegations by Trainee at General Court-Martial.

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"NOT GUILTY"

Joint Base Charleston, South Carolina. Senior Airman (E-4) Accused of Sexual Assault Acquitted by Military Judge.

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“Nature of Victim” in Sexual Harassment Cases

The UCMJ sexual harassment statute applies a very broad definition to the “nature of the 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 committed online or through other electronic means, such as 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 a 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.

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Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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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.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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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 who are posted at bases, both foreign and domestic.

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

  • False accusations or accusations with ulterior motives
  • Lack of evidence
  • Reasonable mistake of fact
  • Failure of due process
  • Alibi
  • Entrapment or coercion
  • Expired statute of limitations for prosecution
  • Mistaken identity
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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 100 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. We 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.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

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