When you’re under investigation for a serious allegation like sexual misconduct in the military, everything about your life shifts. It’s a situation that’s both deeply unsettling and incredibly high-stakes. But even with the world seemingly collapsing around you, one of the most important things you can do is maintain your professionalism and avoid discussing the details of your case.
In my years of defending service members, I’ve witnessed how maintaining military customs and courtesies can make a meaningful difference. Here are some key points to keep in mind if you’re facing a sexual misconduct investigation and want to ensure you don’t inadvertently damage your case.
Step 1: Maintain Customs, Courtesies, and Bearing
The first step is simple but profound: keep up your professionalism. Continue to act as the dedicated service member you were before the accusation. This means sticking to your military bearing, adhering to customs and courtesies, and showing respect toward everyone around you. Staying calm, composed, and professional shows your command that you’re taking this situation seriously and treating it with respect.
If you’re a staff non-commissioned officer, act like a staff NCO. If you’re an officer, conduct yourself as an officer should. Junior enlisted service members should show the same respect to senior leadership that they normally would. Your bearing and professionalism are more than just formalities—they’re visible signs of your character.
Step 2: Refrain from Discussing the Case with Your Command
It’s only natural to want to explain yourself to your command. You might feel that by telling your side of the story, you can clear the air and keep your reputation intact. But here’s the reality: discussing the case with your command is one of the worst things you can do at this stage. Your command is not there to hear your defense, and any attempt to plead your case could come back to hurt you later.
You may think your command can support you if they “know the truth,” but that’s not their role. In fact, any statements you make about the case can be used against you. When it comes to the facts of the case, silence is your ally. The moment you begin talking, especially without an attorney present, you risk providing information that could be misinterpreted or manipulated.
Step 3: Avoid Arguing with Your Command
It’s also vital that you don’t argue with your command or get emotional about the accusation. While the frustration and unfairness of the situation may make you want to plead your innocence, arguing with your command will only hurt you. Remember, this is not the time or place for airing grievances.
Instead, handle yourself with dignity and respect, regardless of the internal pressure you’re feeling. Military justice investigations rely on facts and evidence, not emotional appeals. Refrain from trying to prove your innocence in the command office. There will be a time and place to present your side of the story, but that moment is not now.
Step 4: Follow Procedures and Document Interactions
In most cases, your command will handle the process professionally. They may ask you to sign a counseling statement or issue a Military Protective Order (MPO). If they do, review the documentation carefully and sign it if it’s accurate. If you’re unsure, request that a defense attorney look over it.
It’s critical that you handle these administrative steps without resistance. This is not the time to challenge authority. By following procedures calmly and without complaint, you’re building a solid foundation for your defense. Document every interaction, noting the date, time, and purpose of each meeting. This record can be invaluable later in court.
Step 5: Avoid Discussing the Case with Peers and on Social Media
Just as you shouldn’t talk to your command, it’s equally important that you avoid discussing the case with your peers, family members, or on social media. These cases often bring out a desire to “clear the air” or to seek support from friends and family. But this approach can complicate things very quickly.
Anything you say to others can potentially make its way into the investigation. A private conversation with a friend could be misconstrued and reported back to the command. Likewise, social media is an absolute no-go zone when you’re under investigation. Even an innocent post could be interpreted as a public statement about the case, and it may give your accuser or the investigators more information than they would otherwise have.
Step 6: Seek Legal Counsel
The one person you should speak to is an experienced military defense attorney. An attorney can review the specifics of your case, guide you on what to say—and what not to say—and offer invaluable legal advice on navigating the investigation. The military justice system is unique, and only someone familiar with it will be able to properly advise you on the best way to protect yourself.
Every case is different, and a military defense attorney will provide personalized guidance based on the specific circumstances you’re facing. They’ll help you keep your composure, avoid self-incrimination, and prepare a strategy that aligns with the facts. Ultimately, they’ll ensure that your rights are protected and that your side of the story is fully understood—when the time is right.
Final Thoughts
An investigation for sexual misconduct in the military is one of the most challenging situations any service member can face. But handling the accusation with professionalism, restraint, and caution can make all the difference. Avoid discussing the case, stay composed, and focus on preserving your military bearing.
There will be a time and place to present your side of the story. Until then, resist the urge to share details or “clear things up” with others. Your defense is only as strong as the discipline you show during this challenging time. Trust the process, seek legal counsel, and let your professionalism be the first line of your defense.
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