Changes to Article 120 UCMJ: Why Hiring the Right Defense Is More Important Than Ever
In recent years, significant changes have been made to the prosecution of sexual assault cases in the U.S. military under Article 120 of the Uniform Code of Military Justice (UCMJ). These changes reflect a growing shift in how the military handles allegations of sexual misconduct, with new policies and procedures in place that make the stakes higher for service members facing charges. One of the most impactful shifts has been the transfer of authority from commanders to a newly created entity: the Office of Special Trial Counsel (OSTC). This blog post will explain the recent changes and why securing expert legal representation from Golden Law is essential if you find yourself under investigation or charged with sexual assault.
The Evolution of Article 120 UCMJ
Article 120 of the UCMJ governs sexual assault and rape cases within the U.S. military. Over the past decade, there has been increasing scrutiny on how the military handles sexual assault allegations, with critics arguing that commanders had too much influence over prosecutions, often leading to perceived biases or lack of accountability. Responding to these concerns, Congress enacted sweeping reforms aimed at addressing these criticisms and strengthening the process for investigating and prosecuting these serious offenses.
One of the most critical changes has been the creation of the Office of Special Trial Counsel (OSTC). As of 2023, military sexual assault cases, previously under the discretion of commanding officers, are now prosecuted by this independent office. The OSTC is composed of experienced prosecutors whose sole responsibility is to handle high-profile cases like sexual assault, ensuring impartiality and expertise in these sensitive matters. This means that if you’re accused of a sexual offense under Article 120, your case will be handled by specialists trained in prosecuting these kinds of offenses, and not by your commanding officer who may have a vested interest in the outcome.
How the OSTC Affects You
For service members accused of sexual assault, the involvement of the OSTC drastically changes the playing field. Commanders, who previously had the authority to decide whether to prosecute, are now removed from the decision-making process. While this change addresses concerns about bias, it also means that prosecutions are now led by individuals who are highly trained and whose primary focus is obtaining convictions in sexual assault cases. This heightened level of expertise and focus makes it more critical than ever to have a defense team with extensive experience in military courts and a deep understanding of Article 120.
The risk of conviction is high in these cases, and the consequences—dishonorable discharge, loss of rank and benefits, and significant prison time—are life-altering. Given the expertise of the OSTC, the need for an equally skilled defense attorney cannot be overstated. The new OSTC prosecutors typically have over a dozen years of prosecutorial experience while the free military defense counsel usually have less than two years of experience. You’ll want a team that knows how to navigate these new procedures, challenge evidence, and advocate for your rights every step of the way.
Why Choose Golden Law?
Golden Law is the premiere criminal defense firm for military members facing court-martial anywhere in the world and in every branch of service. With decades of experience and a proven track record of defending service members in high-stakes Article 120 cases, Golden Law has successfully secured acquittals and minimized charges for countless clients. Our firm focuses the majority of its work in military sexual assault defense and is fully prepared to counter the prosecution’s aggressive approach led by the OSTC.
We understand that a sexual assault charge can feel overwhelming, especially with your career and future on the line. That’s why Golden Law is available to represent you from the earliest stages of the investigation. Whether your case is being handled by military investigators or British authorities before being transferred to the military, our expertise ensures that no aspect of your defense will be overlooked.
If you’re facing sexual assault allegations, don’t leave your future to chance. Contact Golden Law today for a consultation, and let us fight to protect your rights, your career, and your freedom.
