Sexual Assault Court-Martial FAQs

These are some sexual assault court-martial FAQs with answers that can hopefully begin helping you navigate the scary world of sexual assault court-martials. This is just a sample of sexual assault court-martial FAQs – contact us to have all your questions answered by an experienced military sexual assault lawyer.

1. If I am titled for a sexual offense but not court-martialed, do I still have to register as a sex offender?
   1.  No
2. If I am separated out of the military for a sexual offense, but not court-martialed, will I have to register as a sex offender? For more info on enlisted administrative separations and officer eliminations see our administrative separations page.
   1.  No
3. Does something as minor as abusive sexual contact carry sex offender registration requirements?
   1.  Yes
4. Do all Article 120, UCMJ offenses carry sex offender registration requirements?
   1. Yes, but as mentioned above, only when you’re convicted at court-martial.
5. Is one person’s allegation enough to prove a sexual assault case even if there isn’t evidence?
   1. Unfortunately, one person’s word alone is considered “evidence” and it’s all the evidence the Government needs to convict you. Often that is all CID/NCIS/CGIS/OSI will do in terms of investigation, take a statement from the alleged victim and try to get a confession or admission from the suspect. They will not do any other investigation. That’s why it is so important that whatever sex assault court-martial lawyer you have working for you does independent investigation on the alleged victim.
6. If I have been falsely accused of sexual assault, should I make a statement and cooperate with investigators?
   1. Speak to one of our sex assault court-martial lawyers first. The investigators are not your friends. They are not looking for the truth. They are trying to build a case against you and that is all they are doing. Your words will be twisted and used against you. Just please contact one of our sex assault lawyers before saying anything.
7. Should I plead guilty to sexual assault?
   1. Probably not. It’s very rare that you will want to plead guilty at your sexual assault court-martial because a sex assault conviction carries with it such serious consequences. If you are feeling pressure to plead guilty at your sex assault court-martial and you are unsure, contact one of our military sex assault court martial lawyers for a free case evaluation.
8. The criminal investigation came back as founded for sex assault, does that mean I have to register as a sex offender?
   1. But you want to avoid being court-martialed and convicted because then you will have to register and comply with state requirements.
9. Will I be kicked out of the military if I am convicted of sex assault at court-martial?
   1. Not always. Some Article 120, UCMJ offenses carry with them a statutorily mandated Dishonorable Discharge, but not all of them. Contact us for details on the specific sex assault UCMJ provision you are facing. 
10. How do I know if the offense I’m facing has sex offender registration requirements?
    1. Call one of our military sex assault lawyers or see if it falls under one of the listed offenses according to the Department of Defense.
11. Should I get a civilian military lawyer if I am being court-martialed for sexual assault?
    1. There are good and bad civilian lawyers just like there are good and bad public lawyers. You need to make sure that the civilian military lawyer you’re talking to has experience with panel court-martial trials as well as panel sex assault trials.
12. If I’m convicted of sex assault at court-martial will I be able to get a good job?
    1. It’s going to be difficult because you’ll have to register as a sex offender and comply with state by state registration requirements and may end up with a DD and a likely felony conviction.
13. Is it important to have a woman on my defense team for my sex assault court-martial?
    1. Male lawyers will tell you no, but the answer is a resounding yes. Just think about it if you were a member of the jury listening to a closing argument about female behavior – who would you give more credibility to, an old man who has never been in the position or a woman who has been through similar situations and can actually educate the panel. This actually goes for any sex related offense whether it be a court-martial or a GOMOR. See actual results our female military lawyer has achieved in sexual offense cases. 
14. How much will it cost to hire a civilian military lawyer for my sex assault court-martial?
    1. The cost will depend on the complexity of the case. It won’t be cheap because it is an enormous amount of work if done right. If it is cheap, you should be concerned about the quality of the lawyer you are hiring. Cheap means he/she is not good or is planning on making the TDS/DSO co-counsel do most of the pretrial work.