Facing an assault allegation in the military justice system hits hard. Your rank, career, benefits, and family life all feel at risk. You may feel shame, anger, or shock. You may also feel pressure to stay silent or “handle it in the unit.” That pressure can cost you your freedom. You need clear steps and fast action. This guide explains what happens after an accusation, what rights you keep, and how to protect your record and your future. You learn what to say, what not to say, and how to work with counsel. You also see how Article 32 hearings, courts martial, and administrative actions really work. Visit defendyourservice.com for more tools and support as you move through this process.
Know your basic rights from day one
You keep rights even in uniform. You have the right to stay silent. You have the right to talk with a defense lawyer. You have the right to fair treatment.
Commanders, law enforcement, and investigators may ask you to “tell your side.” You may want to explain everything. That urge can hurt you. Any statement can be used against you later. You do not fix the situation by talking without legal help.
The Uniform Code of Military Justice and the Manual for Courts Martial set these rules. You can read the UCMJ on the U.S. House website at 10 U.S.C. Chapter 47. You do not need to quote it. You only need to use the rights it gives you.
Use counsel early and use counsel well
You can meet with a military defense counsel at no cost. You can also hire a civilian lawyer. Early advice changes outcomes. Do not wait for charges before you ask for help.
When you meet counsel, bring:
- Any written orders, emails, or texts about the allegation
- Names and contact details of witnesses
- Notes about dates, places, and unit events
You should answer your lawyer with honesty. You do not have to protect your image. Your conversations stay private. Your lawyer cannot defend you well without the full story.
Understand the process you face
Assault allegations in the military can move through more than one track. Each track has different risks. You may face a command inquiry, an investigation, an Article 32 hearing, a court martial, or administrative action. You may face more than one at the same time.
Common military responses to an assault allegation
| Process | Who runs it | Possible outcomes | Right to counsel |
|---|---|---|---|
| Command inquiry | Unit commander | No action, counseling, local action | You can ask to speak with counsel before statements |
| Formal investigation (CID, NCIS, OSI) | Law enforcement | Referral to court martial, closure, or admin action | You can stay silent and request counsel |
| Article 32 hearing | Pretrial hearing officer | Advice to commander on whether to go to trial | You get appointed military defense counsel |
| Court martial | Military judge and panel | Acquittal, conviction, confinement, discharge | You get military counsel and can hire civilian counsel |
| Administrative separation | Separation board or authority | Retention or discharge. Change in discharge type | You can have counsel at a board if you qualify |
You can see an overview of the military justice process on the U.S. Navy JAG Corps site at https://www.jag.navy.mil/legal-services/military-justice/. This shows how each step connects.
Protect yourself from the start
You can protect yourself in three clear ways.
- Control your words
- Control your actions
- Protect your proof
First, control your words. Do not talk about the case with anyone except your lawyers. That includes your chain of command, co workers, and family. You can talk about how you feel, but not about facts or details. You should tell people that your lawyer told you not to discuss the case.
Second, control your actions. Follow all orders, even if you feel they are unfair. Comply with no contact orders. Respect restrictions. You do not help your case by fighting the terms. You help your case by showing discipline.
Third, protect your proof. Save texts, emails, social media messages, photos, and phone logs. Take screenshots. Write down names and dates while your memory is clear. You should give copies to your lawyer. Do not delete anything. Do not edit anything.
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Support your family while you defend yourself
Your family may feel fear and confusion. They may hear rumors. They may see changes in your duty status or pay. You can support them with clear steps.
- Share only what your lawyer says is safe to share
- Point them to support services on base
- Set simple routines for home life
Many installations have legal assistance offices, chaplains, and counseling services for dependents. You can ask your defense lawyer which services are safe for your family to use. You can also suggest that family write their questions so you can review them with counsel.
Avoid common mistakes that destroy cases
Certain choices cause deep harm to a defense. You should avoid:
- Posting about the case on social media
- Contacting the accuser in any way
- Trying to gather your own statements from witnesses
- Ignoring mental health or stress until you break
Each of these can be used to show guilt or poor judgment. Even one angry text can appear in court. Even one late night outburst can change how a panel sees you.
If you feel crushed by stress, you can ask your lawyer how to seek mental health support in a safe way. You should not lie on medical forms. You should also not discuss case details with providers unless your lawyer guides you.
Prepare for long term impact and recovery
Outcomes range from no action to separation or confinement. Even if you win at trial, the experience can scar you and your family. You can plan for three paths.
- Plan for staying in service
- Plan for leaving service
- Plan for personal healing
If you stay, you may need to rebuild trust. Keep your record clean. Seek strong performance reviews. Look for mentors who judge you by your work.
If you leave, you may need to explain your record to employers or schools. You can gather copies of your fitreps, evals, and awards now. You can ask your lawyer how to pursue records corrections if needed.
For healing, you can use support from family, faith groups, peer groups, or counseling. You can also set small daily habits like regular exercise, sleep, and simple meals. These do not erase pain. They help you keep control when much feels out of your hands.
Take your next step today
You did not choose this allegation. You can choose how you respond. You can stay silent until you have counsel. You can protect your proof. You can follow the process with clear eyes.
Use official resources, strong legal help, and steady support. Each choice you make now shapes your freedom, your career, and your family’s stability.
