False Sexual Assault Accusations in the Military
The Hidden Threat: False Allegations Under Article 120 UCMJ
Sexual assault allegations in the military are prosecuted aggressively under Article 120 of the UCMJ. While many claims are legitimate, a growing number of service members face life-altering consequences due to false or exaggerated accusations. These cases often arise from misunderstandings, revenge, peer pressure, or regret. Unfortunately, once an allegation is made, the system frequently presumes guilt before the facts are fully investigated.
At Gonzalez & Waddington, Attorneys at Law, we have defended hundreds of service members falsely accused of sexual assault. Our military defense lawyers understand the psychological, forensic, and legal strategies necessary to dismantle weak cases and protect innocent clients from prison, dishonorable discharge, and sex offender registration.
Why False Allegations Happen in the Military
There are many motivations behind false or exaggerated sexual assault claims in the military. Unlike civilian cases, the military system is saturated with pressure, mandatory reporting, and ideological training that can distort the investigative process. Common motivations for false accusations include:
- Regret after consensual sexual activity
- Desire to avoid punishment for fraternization, adultery, or alcohol violations
- Emotional retaliation after a breakup
- Peer pressure or command encouragement to “report” after a questionable incident
- Mental health issues or personality disorders
- Attempts to gain transfer, benefits, or victim status
How the Military Handles Sexual Assault Allegations
Military investigators, including CID, NCIS, and OSI, often begin with a “believe the victim” mindset. Service members are frequently interrogated without legal counsel, denied access to evidence, and painted as predators in command briefings. The legal process typically includes:
- Command-initiated investigation by law enforcement agencies
- Referral to Article 32 preliminary hearing (often a formality)
- Preferral of court-martial charges under Article 120 UCMJ
- Mandatory pretrial confinement in some cases
- Trial before a military judge or panel with severe penalties at stake
Consequences of a Conviction — Even If You’re Innocent
- Federal criminal conviction
- Dishonorable or bad-conduct discharge
- Sex offender registration (often for life)
- Loss of retirement, rank, and VA benefits
- Confinement ranging from years to life imprisonment
- Public humiliation, destroyed reputation, and permanent damage to civilian life
How We Defend False Sexual Assault Allegations
False allegations demand an aggressive and calculated defense. At Gonzalez & Waddington, we use proven cross-examination techniques, forensic experts, and psychological strategies to reveal the truth and dismantle the prosecution’s narrative. Our approach includes:
- Immediate preservation of favorable evidence (texts, videos, social media, witness statements)
- Thorough timeline reconstruction and contradiction analysis
- Expert analysis of SANE reports, DNA, toxicology, and digital forensics
- Discrediting false accusers through impeachment and motive exposure
- Challenging command pressure and biased investigations
- Using forensic psychologists to expose memory distortion and personality disorders
Why Choose Gonzalez & Waddington
- We have defended hundreds of falsely accused service members worldwide
- Led by Michael and Alexandra Gonzalez-Waddington — trial lawyers and cross-examination experts
- Featured in major media and legal publications for military defense work
- Authors of the leading cross-examination books on sex crime defense
- We understand the psychology of lying and the dynamics of false reports
- We don’t back down — we fight to win
Take Action Now — Don’t Wait Until Charges Are Filed
If you believe you’re being falsely accused of sexual assault, you must act fast. Do not talk to investigators. Do not explain yourself to your chain of command. Contact our office immediately so we can begin building your defense before the military destroys your life.
False Sexual Assault Accusations in the Military – Frequently Asked Questions
Can I be convicted even if the accusation is false?
Yes. False allegations are often believed without corroboration. The military justice system has a low threshold to charge someone, especially in Article 120 cases. That’s why you need experienced defense counsel who knows how to expose lies and flawed investigations.
Should I talk to CID or NCIS if I’m innocent?
No. Innocent service members are routinely convicted based on their own statements. You should never speak to military law enforcement without legal counsel. Call our office immediately before making any statements.
Why do people make false accusations in the military?
False reports can stem from regret, revenge, peer pressure, or fear of getting in trouble for consensual activity. In some cases, the accuser suffers from personality disorders or is incentivized by benefits, expedited transfers, or victim status.
What makes Gonzalez & Waddington different from other military lawyers?
Michael and Alexandra Gonzalez-Waddington are nationally recognized experts in defending false sexual assault allegations. They have written books on cross-examination, handled cases worldwide, and exposed hundreds of false accusers in military courtrooms with precision and skill.
How do I schedule a consultation if I’m under investigation?
Go to ucmjmilitarylaw.com/contact and submit a secure intake form. We’ll review your situation and contact you to schedule a confidential consultation. Don’t wait — the earlier we intervene, the stronger your defense will be.