UCMJ Article 120 Lawyer: Military Sexual Assault Defense

Legally Reviewed by: Robert Capovilla

You Are Not the First Service Member to Sit With This Fear

A charge sheet doesn’t care that you haven’t told your spouse yet, or that you keep replaying your last conversation with your accuser, wondering which line gets read back to you in a courtroom. It only cares what happens next.

When there is an accusation, a UCMJ Article 120 lawyer can get to work on your case immediately. Charges like this get built fast: CID collects statements, the SANE exam gets written up, and your accuser’s story gets locked in before you’ve said a word in your own defense. The cracks in that story, the changed details, the parts that don’t add up, are easiest to find early.

That’s the fight Capovilla & Williams was built for. Founding attorney Robert Capovilla spent years in the Army JAG Corps trying sexual assault cases from both sides, as a prosecutor and as defense counsel, so he knows how the case against you gets assembled and where it breaks.

Contact us today for a confidential case evaluation. Start building a strong defense to protect your name, rank, and future.

Recent Article 120 Case Outcomes

These outcomes are for clients who came to us facing Article 120 allegations, drawn from case results our attorneys have published in their own case histories. Every allegation carries its own facts, its own investigators, and its own command, and no result below is a guarantee of what will happen in yours.

Prior results do not guarantee a similar outcome in your case.

The Law Behind Your Charge

Article 120 of the Uniform Code of Military Justice, codified at 10 U.S.C. § 920, defines rape, sexual assault, aggravated sexual contact, and abusive sexual contact, and it sets consent as the central issue in nearly every case charged under it.

A conviction for rape or sexual assault carries a mandatory dishonorable discharge or dismissal that a military judge cannot waive, regardless of rank, years of service, or any mitigating evidence presented at trial.

Every Article 120 sexual assault case is referred to a general court-martial rather than a lower forum, which means the full weight of the military justice system stands behind the prosecution from the moment charges are preferred.

This reflects federal military law as of July 2026. Congress continues to revise sentencing parameters under this article on a regular basis, so a case charged today may carry different mandatory minimums than one charged even two years ago.

Article 120 Charges We Take to Trial

Article 120 covers a wide range of conduct, and the government does not always charge it the same way twice. We defend service members across every branch against the full range of allegations under this article.

Cases can vary from a single accusation with no physical evidence to a case built on a command investigation opened years after the fact. Some arrive with a full CID or NCIS file already assembled. Others start the moment your command informs you that an allegation has been made, before any investigator has even been assigned.

Whatever stage you’re at, the charge sheet you eventually see is built from decisions being made right now. Our USCMJ Article 120 attorneys take the following charges to trial:

• Rape and sexual assault allegations involving claims of force or lack of consent
• Aggravated sexual contact and abusive sexual contact charges
• Sexual assault allegations tied to intoxication or incapacitation
• Indecent viewing, recording, or broadcasting charges under Article 120c
• Article 32 preliminary hearings before charges are referred to a general court-martial
• Adultery, fraternization, or other collateral charges filed alongside a sexual assault allegation
• Administrative separation boards triggered by a sexual assault allegation
• Appeals following an Article 120 conviction

What an Article 120 Conviction Actually Costs You

A rape or sexual assault conviction under Article 120 carries severe penalties. A military judge cannot waive these penalties, regardless of how the case unfolds or your years of service.

• Mandatory dishonorable discharge or dismissal
• Sexual assault: Up to 30 years of confinement
• Rape: Up to life without parole
• Registration as a sex offender in every state where you live, work, or reside

The military changed how sentences are decided for offenses that happen on or after December 27, 2023. Before that date, the numbers above were hard ceilings, and the court could give any sentence up to that limit. For conduct alleged on or after that date, the court now works within a set range for each charge, not just a single top number. Either way, these are the most serious penalties Article 120 allows, and how they apply to your case depends on when the alleged conduct happened.

Why Evidence Matters in Article 120 Cases

Many of these cases have little to no physical evidence. Most rest entirely on one person’s word against another’s, and commanders under pressure to refer cases to trial rarely weigh the evidence the way a civilian prosecutor would. A Special Victims’ Counsel represents the accuser from day one, shaping the case long before you see a courtroom.

Is your defense counsel prepared to counter that from the opening minute of the investigation, or only once charges are already preferred? Contact the military sexual assault defense lawyers at Capovilla & Williams today to discuss the charges against you.

Why the Office of Special Trial Counsel Changes Your Case

Article 120 cases are no longer sent to trial by your own commander. An independent Office of Special Trial Counsel now decides whether to refer rape, sexual assault, and related charges to a general court-martial, which was meant to remove command influence from that decision.

In practice, it also means the prosecutor assigned to your case has handled a high volume of sexual assault referrals and is not weighing this allegation against your service record the way your own chain of command might have.

That shift raises the stakes on the defense side as well. A prosecutor who only handles these cases will not be persuaded by character letters or years of good evaluations the way a convening authority once might have been. Your defense has to be built on the same footing, with a lawyer who has spent time on both sides of an Article 120 referral and knows what a Special Trial Counsel needs to see before a case gets dropped or downgraded.

Robert Capovilla spent years inside the Army JAG Corps as both a prosecutor and a defense counsel on sexual assault cases, including a term as a Special Assistant U.S. Attorney, before founding Capovilla & Williams. He has been named a Georgia Trend Legal Elite honoree and a Super Lawyers Rising Star, and he holds a 10.0 Avvo rating built on cases just like this one.

What to Do in the First 24 Hours

The hours right after you learn you are under investigation matter more than almost any other point in your case. Follow these steps immediately:

• Do not agree to an interview with CID, NCIS, or OSI.
• Do not discuss the allegation with your chain of command, first sergeant, or anyone in your unit.
• Invoke your right to remain silent under Article 31(b) and ask for counsel.
• Do not contact the accuser, as this can be read as intimidation or an admission.
• Write down everything you remember about dates, locations, and witnesses while your memory is fresh.

This page is for general information only. It is not legal advice, and reading it does not create an attorney-client relationship.

How We Investigate Before the Government Finishes Its Case

Our UCMJ Article 120 lawyers open our own investigation within days of first contact, before witness memories fade and evidence disappears. This runs in parallel with your assigned military defense counsel.

We interview any witnesses the government missed or chose not to pursue. We request and review the complete case file rather than relying on the trial counsel’s summary, looking for inconsistencies buried in interview notes and lab requests.

When intoxication or memory gaps are involved, we bring in independent forensic and toxicology experts to test the government’s timeline. Our military sexual assault defense attorneys also secure text messages, call logs, and social media activity ourselves rather than waiting for the government to hand over selected messages.

How We Build Your Defense at Trial

We prepare every case as if it is going to a full trial, even while we work toward an early dismissal.

• Our Article 120 lawyers cross-examine accusers, investigators, and experts with the precision of a former military prosecutor, testing testimony most defense counsel never get the chance to challenge.
• We fight the government’s use of Military Rule of Evidence 412 (the rule that limits evidence about an accuser’s past sexual behavior) whenever it is used to keep out evidence that supports your defense.
• Our lawyers challenge panel members during voir dire, the jury selection process, who carry assumptions about these allegations that no instruction from the bench will fully undo.
• Before your case ever reaches a panel, we argue directly to the convening authority for dismissal, a lesser referral, or a resolution that avoids trial altogether.

A trial date does not mean the fight is over. Some of our strongest results come from the weeks before it, not the days inside a courtroom.

Where We Defend Service Members Facing These Charges

We have represented service members facing Article 120 allegations at installations across the country and overseas, including cases tied to Norfolk Naval Station, Fort Rucker, and the U.S. Air Force Academy.

Robert Capovilla served as an Army JAG officer, prosecuting and defending sexual assault cases from both sides of the courtroom before founding this firm. That background shapes how our whole team approaches these cases, not just his own.

Other attorneys at the firm bring their own relevant backgrounds to the table. Mickey Williams served in the 75th Ranger Regiment before law school and has taken an Article 120 case to a full dismissal. Across the firm, that mix of military and courtroom experience means we understand how command climate, Sexual Assault Response Coordinator (SARC) offices, and installation-level investigators actually operate day-to-day, not just how the regulations read on paper.

Capovilla & Williams is based in Woodstock, Georgia, and our attorneys travel to represent clients wherever the court-martial is convened, whether that is a stateside installation, an overseas base, a ship underway, or a reserve center. Distance from our office has never determined whether we take a case, and it will not determine whether we take yours.

Article 120 Defense: Common Questions

What is the difference between rape, sexual assault, and abusive sexual contact under Article 120?

Rape and sexual assault involve an alleged sexual act, while aggravated and abusive sexual contact involve alleged touching without a sexual act. The maximum confinement and the mandatory discharge attached to each tier are different, and the charge sheet will name the exact subsection the government is using against you.

Is there a statute of limitations on an Article 120 charge?

No. Rape and sexual assault charges under Article 120 can be brought at any time, even decades after the alleged conduct, which is why old allegations can resurface long after you assumed the matter was closed.

Can I be charged with an Article 120 offense with no physical evidence?

Yes. Most Article 120 prosecutions rest entirely on the accuser’s testimony, which is why cross-examination and challenging the timeline of the allegation often matter more to the outcome than a lab report ever could.

Do I have to talk to CID, NCIS, or OSI investigators?

No. You have the right to remain silent under Article 31(b), and anything you say before you have counsel present can be used to build the government’s case against you, even statements you intended as an explanation.

What happens at an Article 32 preliminary hearing?

An Article 32 hearing lets the government present enough evidence to justify referring your case to a general court-martial, and it is often the first real chance to challenge the accuser’s account under oath before trial.

Does it matter if my case is at an overseas installation?

No. We have represented service members stationed across the United States and overseas, and Article 120 applies the same way no matter where you are assigned or where the alleged conduct occurred.

Will I be forced out of the military just for being investigated?

An investigation alone does not end your career, but commands sometimes move toward an administrative separation board before a court-martial concludes, and you need counsel watching both processes at the same time.

What does a conviction mean for my retirement and VA benefits?

A dishonorable discharge or dismissal under Article 120 typically forfeits military retirement pay and most VA benefits, on top of the mandatory confinement that comes with a conviction.

How much does it cost to hire a civilian military defense attorney?

Fees vary based on the stage of your case and whether it proceeds to trial, and we discuss costs directly with you and answer every question during a confidential case evaluation.

What if the allegation involves alcohol and neither of us remembers the night clearly?

Incapacitation and memory gaps are common in these cases, and the government still has to prove you knew or reasonably should have known the other person could not consent, a much harder standard than most service members realize going in.

What is the Office of Special Trial Counsel, and why does it matter for my case?

It is the independent prosecuting authority that now decides whether Article 120 charges go to a general court-martial, replacing that decision by your own commander. Your defense needs to be built for a prosecutor who handles these cases full time, not a convening authority weighing your service record.

Can my case be resolved before it ever reaches trial?

Yes. Many of the case results above ended with charges dropped, or a favorable pretrial resolution rather than a verdict, and building that outcome starts with the investigation we run in the earliest weeks of your case.

How quickly should I contact a civilian defense attorney after being accused?

As soon as you learn you are under investigation, before you give a statement to anyone, because the earliest decisions in your case are often the ones that matter most to how it ends.

Talk to Us Before You Talk to Anyone Else

An Article 120 accusation moves fast, and the government does not wait for you to find footing. Robert Capovilla built this firm on years of experience inside the JAG Corps, seeing these cases from both sides of the courtroom. Contact Capovilla & Williams today for a confidential case evaluation, and put someone in your corner who knows exactly how to win this fight, from the first phone call to the verdict.

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