UCMJ Article 120b Lawyer: Military Sexual Abuse of a Child Defense
Legally Reviewed by: Robert Capovilla
Facing an Article 120b Accusation Feels Like the End of Everything You’ve Built
Someone accused you of something involving a child. Your command already treats you like you did it. You replay every conversation, every text, every moment you spent near that child, searching for what got twisted into this. You are afraid of prison. You fear a registry that never goes away. You are afraid your own kids will search your name someday and find this instead of who you are.
Our UCMJ Article 120b lawyers built their careers on both sides of cases exactly like yours.
Robert Capovilla spent years inside the Army JAG Corps prosecuting these same charges before he ever defended one, so he knows how the government plans to build its case against you. Mickey Williams has already stood beside a soldier charged with raping a child at Fort Campbell and heard the panel read not guilty on every charge and specification.
Contact us today and tell us what CID, NCIS, or OSI has told you so far. We will tell you what happens next.
Past results do not guarantee similar outcomes.
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What Article 120b of the UCMJ Actually Says About Your Charge
Article 120b of the UCMJ (10 U.S.C. § 920b) covers three separate charges: rape of a child, sexual assault of a child, and sexual abuse of a child. Under this law, a “child” is anyone under the age of 16, and the specific charge depends on the child’s age and whether force was used.
- Rape of a child: A sexual act against a child under 12, or against a child 12 or older combined with force, fear, or incapacitation, punishable by up to life in prison.
- Sexual assault of a child: A sexual act against a child who is 12 or older, without those additional factors of force or fear.
- Sexual abuse of a child: A lewd act against a child of any age, such as unwanted touching, exposure, or indecent communication, without a sexual act taking place.
Consent is not a defense under Article 120b. A child, under this law, is legally incapable of consenting to any sexual act or contact, regardless of what was said or implied at the time.
Most Article 120b convictions also trigger federal sex offender registration under the Sex Offender Registration and Notification Act (34 U.S.C. § 20911 et seq.). This requirement can last for life, depending on the offense.
This reflects federal military law as of July 2026.
Article 120b Case Outcomes Our Attorneys Have Already Won
These are not the only cases we have won, but they show what is possible when a child sex offense case is investigated thoroughly from day one.
| Outcome | Case Type |
| Full Acquittal, Not Guilty on All Counts | Rape of a Child, Fort Campbell, KY |
| Charges Dismissed, No Federal Conviction, No Registration | Sexual Assault of a Minor, Bangor, WA |
| Charges Dropped in 10 Days, No Federal Conviction | Alleged Sexual Assault of a Minor, Bangor, WA |
These outcomes span every stage of a case, from a dismissal negotiated before charges were ever filed to a full acquittal delivered by a panel after trial.
Prior results do not guarantee a similar outcome.
How Capovilla & Williams Builds Your Article 120b Defense
Every Article 120b case we have won came down to work other firms may never do.
- We assign a firm investigator as soon as you hire us, the same approach that got charges dropped in 10 days for a Marine in Bangor, Washington.
- We dig into every account tied to the accuser, because a fabricated age claim on a dating profile has ended an Article 120b case before it ever reached a courtroom.
- We file motions to exclude unreliable or inflammatory evidence before trial starts, the same strategy that undermined the government’s case in a Fort Campbell child rape trial.
- We cross-examine every adult witness for inconsistent statements, because a parent’s own earlier account can unravel a case built on a single conversation.
- We prepare every Article 120b case as if it is going to trial, because the government’s leverage disappears the moment they know you will not plead to something you did not do.
Consult with our experienced UCMJ Article 120b defense attorney to discuss how we can help with your case.
The Article 120b Charges We Defend, From Sexual Abuse to Rape of a Child
Article 120b covers three different charges, and knowing which one applies to your case can mean the gap between a dismissal and a life sentence. Our military sexual abuse of a child defense lawyers handle every version of this charge, at every stage, from the first knock at your door through trial.
Not every Article 120b charge carries the same weight, and knowing exactly which one the government has filed against you changes how we build your defense from day one:
- Rape of a child
- Sexual assault of a child
- Sexual abuse of a child
- Indecent liberties or indecent communication with a child
- Article 120b charges filed alongside child pornography allegations
- CID, NCIS, or OSI interviews and command investigations before any charge is filed
- Administrative separation boards and Boards of Inquiry tied to a child sex offense allegation
- Court-martial trial defense and post-trial appeals
Whichever charge you are facing, the earlier we get involved, the more options we have to shape how your case unfolds.
What an Article 120b Conviction Costs You Beyond the Courtroom
An Article 120b conviction is uniquely devastating. While rape charges carry up to life in prison, even a lesser charge under this article can instantly end your military career, rank, and retirement. A conviction also typically requires federal sex offender registration, often for life. This can affect where you live, your job prospects, and your children’s lives.
Furthermore, your command often acts before a verdict is reached. You may be flagged, sidelined, or denied promotion immediately upon accusation.
A conviction can also cost you a security clearance, VA disability benefits, and any hope of an honorable discharge, on top of the criminal penalty itself. If you have children of your own, a no-contact order tied to the investigation can restrict your access to them long before any charge is proven, adding a second layer of loss most families never see coming.
Before you speak, consider: did investigators truly verify the claims, or did they act on assumptions?
Defending Article 120b Cases at Bases Worldwide, Based Out of Woodstock, Georgia
Based in Woodstock, Georgia, our attorneys travel worldwide to defend service members facing Article 120b charges. We have successfully represented clients at numerous installations, including:
- Fort Benning, Fort Bragg, and Fort Campbell
- Fort Rucker, Fort Hood, and Camp Lejeune
- Joint Base Lewis-McChord
- Navy, Air Force, and Marine Corps bases from Norfolk to Ramstein, Germany
Our founders, Robert Capovilla and Mickey Williams, built this practice after leaving their own JAG assignments. That firsthand experience with military investigations travels with us to every installation, no matter how far it is from our Georgia office.
Strategic Insight into Investigations
While the court-martial process is standardized, local commands handle pretrial actions like confinement and no-contact orders differently. Because our founding attorneys are former Army JAG prosecutors, we understand how CID, NCIS, and OSI investigators build their cases against you.
Article 120b Defense Questions We Hear Most From Service Members
What results have you gotten in Article 120b cases like mine?
We took an Article 120b rape of a child charge to trial in Fort Campbell, Kentucky, and won a full acquittal. We also got Article 120b charges dismissed for two Marines in Washington state before either case reached a courtroom. We do not walk into these cases untested.
Will I automatically go to pretrial confinement if I’m accused under Article 120b?
Not automatically, but commands often push for it in child sex offense cases. We can request an Article 32 preliminary hearing and challenge confinement decisions right away, which is why it matters to call us before you are formally charged.
What is the difference between sexual abuse of a child and rape of a child?
Rape of a child involves a sexual act against a child under 12, or a child 12 or older combined with force, fear, or incapacitation. Sexual abuse of a child covers a lewd act, such as touching or exposure, without those factors. The charge affects both your maximum sentence and your defense strategy.
Can I be charged if I didn’t know the accuser’s real age?
Under Article 120b, it is not always a defense that you believed the child was older, especially for children under 12. For older children, evidence about what the accuser told you about their age, including social media profiles and messages, can matter a great deal to your defense.
Do I have to talk to CID, NCIS, or OSI before I have a lawyer?
No. You have the right to remain silent and the right to request military and civilian counsel before answering any questions. Anything you say to investigators before we are involved can be used against you at trial.
Will I be placed on a sex offender registry even if I take a plea deal instead of going to trial?
In most cases, yes. A conviction or plea to an Article 120b offense typically triggers federal sex offender registration, which is one reason we prepare every case as if it is going to trial rather than pushing clients toward a quick plea.
How long does an Article 120b investigation usually take before charges are filed?
It varies, but many of our clients wait six months to a year under investigation before their command makes a decision. That waiting period is exactly when a defense investigation can do the most good, which is why we start immediately after you hire us.
Will my family find out about the accusation?
Commands sometimes notify family members or issue no-contact orders that affect your household before any charge is filed. We can talk through what to expect and how to protect your relationship with your own children during the process.
Do I need a Georgia-based attorney if I’m not stationed in Georgia?
No. We are based in Woodstock, Georgia, but Article 120b cases are governed by military law, not state law, so our attorneys have defended cases at Fort Benning, Fort Campbell, Fort Bragg, Fort Rucker, Camp Lejeune, and installations overseas regardless of where you are stationed.
Can I still request military defense counsel if I hire Capovilla & Williams?
Yes. You are entitled to a detailed military defense counsel at no cost, and you can add civilian counsel like our attorneys alongside them. Many clients choose to have both working the case together.
Take Immediate Control of Your Article 120b Defense
An Article 120b accusation is not just a legal battle. It puts your career, your reputation, and your future at risk.
With our unique dual perspective as former JAG prosecutors and dedicated defense counsel, we know how the government operates and how to dismantle their case before it destroys your life.
Do not face this alone. Contact Capovilla & Williams today for a confidential, no-obligation consultation with military sexual abuse defense lawyers with a track record of taking child sex offense cases to trial, including full acquittals.
