WHEN A SEXUAL CONTACT ACCUSATION IS CHARGED AS SEXUAL ASSAULT

One of the most critical legal challenges in Article 120 cases is misclassification. Conduct that may legally qualify as non-penetrative sexual contact is often escalated to a sexual assault charge during investigation or referral, placing the service member at risk of decades of confinement and mandatory discharge for an act that may not meet the statute's threshold.
The core distinction between sexual assault and sexual contact lies in whether the act involved penetration. If the allegations describe touching rather than a sexual act, or if the accuser's account is vague, inconsistent, or lacks forensic support, the government may have overcharged. Under military law, that matters. Sexual assault requires proof of a qualifying sexual act and the absence of consent, along with the mental state required by the statute. Without all three elements, the charge should not survive scrutiny.

A properly structured defense focuses not only on what happened, but on how it’s defined.

• Was the physical interaction clearly sexual in nature?
• Was there any sexual act, or only contact?
• Did both parties understand what was happening?
• Were there signals, misread cues, or outside pressures at play?

Your legal team’s first job is to narrow the focus back to the legal core of the accusation and refuse to let assumptions, optics, or command pressure rewrite what actually occurred.

WHEN IT’S NOT JUST ABOUT THE LAW, IT’S ABOUT WHO’S FIGHTING FOR YOU

Article 120 charges don’t just test your version of events; they test the system’s ability to treat your case fairly. The definitions are dense. The stakes are steep. From the moment you're accused, the weight shifts to your side of the table.
This isn’t the time for generic legal help. It’s the time for courtroom experience by someone who knows what it means to face military prosecution from both sides of the aisle.

Joseph Jordan is a former Army Judge Advocate who has defended service members in some of the most serious Article 120 cases across every branch. He understands the difference between a sexual contact allegation and a sexual assault conviction, and more importantly, how that difference gets misapplied.

When the charges are overreaching, when the evidence is unclear, when your intent is being rewritten, you need a military defense attorney who doesn’t just know the law. You need someone who’s stood in your boots, and knows exactly what’s at stake if you lose.

DON’T LET A MISCLASSIFIED CHARGE DEFINE YOUR CAREER

If you’ve been accused under Article 120, you already know what’s at stake: your rank, your record, your reputation, and your right to move forward. What you may not know is how quickly a contact-level allegation can escalate into a career-ending assault charge, and how few lawyers understand how to stop it.
Joseph L. Jordan, Attorney at Law, brings the courtroom clarity and military insight that Article 120 cases demand. He doesn’t just know the law, he knows how the system works, and how to push back when it overreaches.

If you’re ready to take control of your defense, call (888) 616-6177 or (254) 340-0867 for a confidential consultation. The charges are already moving. Now it’s your move.

Accused of a Crime Under Article 120b? Your Defense Begins Now.
Allegations involving a minor are prosecuted aggressively and carry consequences that last a lifetime. Joseph Jordan is a former Army JAG with extensive court-martial experience in Article 120b cases. If you're facing charges related to sexual misconduct involving a child, now is the time to act.
👉 Learn more about defending Article 120b charges

Facing Allegations Under Article 120c? Every Detail Matters.
Even lesser sexual misconduct charges under Article 120c can lead to punitive discharge, career loss, and public registration. Joseph Jordan has defended service members against a wide range of UCMJ allegations with proven courtroom results.
👉 Explore your defense options for Article 120c accusations

Frequently Asked Questions About UCMJ Article 120

1. What is the difference between sexual assault and sexual contact under Article 120?
The distinction comes down to whether penetration occurred. Sexual assault involves a sexual act, which under the statute means penetration or certain types of oral-genital contact. Sexual contact involves intentional touching of intimate areas without penetration, but both carry severe consequences and can end a military career.

2. How does the UCMJ define “consent”?
Consent must be a freely given agreement to the conduct at issue. Lack of verbal resistance does not automatically mean consent, and consent cannot be given if the person is incapacitated, asleep, or unaware. Under military law, an honest and reasonable mistake of fact as to consent can serve as a defense, but it requires credible support.

3. Does Article 120 apply if the alleged victim is a civilian?
Yes. The UCMJ applies to the service member, not the status of the accuser. A civilian accuser triggers the same investigative and legal process as a military accuser, and the penalties are identical.

4. Can the military prosecute me if there is no physical evidence?
Yes. Military prosecutors can pursue Article 120 charges based solely on testimony if the factfinder is convinced beyond a reasonable doubt. While forensic evidence strengthens a case, its absence does not prevent referral to a court-martial. This makes early defense intervention critical.

5. What are the maximum penalties for Article 120 offenses?
Rape can result in life imprisonment, dishonorable discharge, and total forfeitures. Sexual assault carries up to 30 years, aggravated sexual contact up to 20 years, and abusive sexual contact up to 7 years. All can trigger mandatory sex offender registration under DoD and SORNA requirements.

6. What collateral consequences come with a conviction?
In addition to confinement and discharge, convicted service members lose military pay, retirement, and veterans’ benefits. Many offenses require sex offender registration that follows them into civilian life. The stigma and restrictions tied to registration often last longer than confinement.

7. What is pretrial confinement, and when is it used?
Pretrial confinement allows the military to hold a service member before trial if they are considered a flight risk or a danger. It can be ordered even before charges are formally preferred, based on probable cause. Defense counsel can petition for review to challenge and potentially reverse confinement.

8. What happens if my case is overcharged as sexual assault instead of sexual contact?
Misclassification is a common issue in Article 120 cases. If the alleged conduct involves touching rather than penetration, the charge may be legally flawed. An effective defense strategy focuses on narrowing the facts back to the statute’s definitions and exposing any overreach by the government.

9. How does alcohol or intoxication affect Article 120 cases?
If the alleged victim was too intoxicated to consent, the prosecution will argue incapacity. If the accused was intoxicated, that generally does not excuse conduct, but it may affect intent or awareness. These issues are highly fact-specific and often require expert testimony.

10. What defenses are available against an Article 120 charge?
Recognized defenses include consent, mistake of fact as to consent, lack of sufficient evidence, false accusation, and misclassification of conduct. Each case must be tailored to the facts, the credibility of witnesses, and the procedural posture of the case. An experienced military defense attorney builds a strategy around these available defenses.

11. Can command pressure affect the fairness of my case?
Yes. Unlawful Command Influence (UCI) is a recognized danger in Article 120 prosecutions, where commanders may feel pressure to appear tough on sexual misconduct. Defense counsel can file motions to dismiss or restrict evidence if improper command involvement undermines fairness. Courts take UCI allegations seriously because it erodes the legitimacy of the system.

12. Will I have to register as a sex offender if convicted?
Most Article 120 convictions trigger mandatory reporting under DoD Instruction 1325.07 and SORNA. Registration requirements and duration vary depending on the offense and the jurisdiction where you live after service. In practice, the burden is long-lasting and highly disruptive.

13. Can I face separation even if I am acquitted?
Yes. Administrative separation is a separate process from court-martial outcomes. Even if you are found not guilty, your command may initiate separation based on “loss of trust,” which can still end your military career.

14. What role does digital or forensic evidence play in Article 120 cases?
Evidence such as DNA, phone records, or social media messages can make or break a case. However, many prosecutions still rely primarily on testimony. A skilled defense team examines forensic evidence to highlight inconsistencies and cast doubt on the government’s narrative.

15. Can I appeal a conviction under Article 120?
Yes. Convictions are reviewed by service Courts of Criminal Appeals, and severe sentences are eligible for automatic appeal. Defendants can also petition the Court of Appeals for the Armed Forces and, in some cases, the U.S. Supreme Court. The appellate process is lengthy but can result in reversal or sentence reduction.

16. How quickly should I hire a defense attorney after an allegation?
Immediately. The investigation stage is where many cases are shaped, and early mistakes—such as answering questions without counsel—can cause permanent damage. Retaining an experienced court-martial defense lawyer early gives you the best chance to influence the process.

17. What is the role of a military judge versus a panel in these cases?
Article 120 trials may be decided by a military judge alone or by a panel of service members (similar to a jury). Judges apply the law strictly, while panels may be swayed by command climate or optics. Choosing between judge-alone or panel trial is one of the most strategic decisions in an Article 120 defense.