False Accusations in the Military

False rape accusations happen. Whether they are malicious or arise from a misunderstanding about what occurred, some people are accused of crimes they did not commit. These accusations can be hard to combat. Even if you are innocent, these are not cases to leave to chance.

What We Do When You Are Falsely Accused

We start with one question: How do we defeat the accusation against you? That means examining the allegation, testing the timeline, locating witnesses, and preserving the messages, photographs, records, and other evidence that may support your account. An investigator’s version of events is the beginning of our work, not the end.

Before trying to explain your way out of the allegation, speak with a defense lawyer. Preserve relevant messages and records. Do not delete material, pressure anyone to change a statement, or contact the accuser to try to settle the matter yourself. Follow any lawful no-contact order and let your lawyer address the allegation.

Why Hire Bilecki Law Group?

Hire a civilian-military lawyer who specializes in these kinds of cases. We know it may seem odd to hire a civilian lawyer for military trials at first. After all, what are things like JAG for?

However, we at Bilecki Law Group specialize in court-martial defense cases. On top of that, our team has plenty of military service, and successful cases, under our belt. Timothy J. Bilecki even has a JAG background, if that is specifically what you're looking for in your legal representation.

You can have civilian counsel work alongside your detailed military defense counsel.

You are presumed innocent. The prosecution must prove guilt beyond a reasonable doubt. Our job is to hold it to that burden and build the strongest defense the facts and law support.

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Know Your Consent Law

The first and most obvious thing to protect you from serious accusations is to know how consent operates. We'll start with things at their most basic and go from there. It does not guarantee that you will never face an allegation. Article 120 generally defines consent as a freely given agreement to the conduct at issue by a competent person. Lack of resistance does not establish consent, and a dating or sexual relationship does not establish consent to a particular act.

Gone are the days of "boys will be boys" and for good reason. That attitude leads to allowances that should never be made and good people were harmed. As a rule, "No means no" should be the mantra you memorize. Note that your opinion of how consent works does not change how it operates in our legal system. Respecting people's autonomy and staying on the right side of the law is the first step in protecting yourself against accusations.

Remember FRIES

Any person you intend to have sex with must consent to that conduct. They may also withdraw that consent at any time, meaning you must stop what you are doing. If ever in doubt, stop. FRIES is a useful reminder for respectful communication:

• Freely given: Agreement must be voluntary. Pressure, threats, or impairment can raise serious concerns.
• Reversible: A person can change their mind, regardless of what has already happened.
• Informed: Be honest about the activity being proposed. Do not agree to one thing and secretly do another.
• Enthusiastic: Seek clear, willing participation, rather than treating silence or hesitation as permission.
• Specific: Permission to kiss does not establish permission to have sex.

This is practical guidance, not the UCMJ’s legal test. The prosecution must prove the elements of the particular offense charged. Enthusiasm is not a separate statutory element, and drinking alcohol does not automatically make a person incapable of consent.

Age Matters

Service members must consider military law, even when local civilian law differs. Article 120b governs rape and sexual assault of children, including sexual acts with a person under 16. A child’s apparent agreement does not by itself resolve criminal liability. The child’s age, the alleged conduct, and the charge determine which rules and any limited defenses apply.

Alcohol and the Ability to Consent

Where things get less obvious is with drug use. Alcohol is often involved in both sexual assault and false sexual assault accusations. Anyone should be very careful about having sex if either party is under the influence of alcohol.

It's a myth that being intoxicated automatically prevents you from consenting. There is a difference between drinking and being incapable of consenting. For the offense based on incapacity from intoxication under Article 120, the government must prove incapacity from the intoxicant and that the accused knew or reasonably should have known of it. A separate lack-of-consent charge requires proof of that different theory.

Never use drugs, including alcohol, to convince someone to consent who you think would not give it. The legal question cannot be answered by counting drinks alone. The evidence about the person’s condition, conduct, communications, and ability to understand and participate matters.

Law and Reality

A weak allegation still requires a serious defense. Witnesses may remember events differently. Messages may contradict an account. An investigation may overlook information that matters. None of that helps you unless the defense finds it, preserves it, and knows how to use it.

Even if you are innocent, you need the help of an experienced military trial attorney. These are not cases to leave to chance.

To best avoid accusations, you must stay vigilant. Be careful drinking and when around other service members drinking. We would advise avoiding sexual contact with drunk service members (or anyone else), even if they still seem able to give legal consent.

We also recommend you not drink to the point where recalling what happened gets difficult. This can weaken your defense against accusations. Even if you did nothing wrong while impaired, it is easier for someone to say you acted inappropriately.

Most sexual and romantic partners aren't "out to get you."

Whether you want a fling or a long-term relationship, engage in sexual activities when both you and your partner are not overly intoxicated. Verbally ask if what you're doing is okay and ask again if your activities escalate in any way. Clear communication is healthy relationship advice. It does not create immunity from an accusation or replace a defense if one is made.

False Accusations Are Serious

If you face a false rape accusation, or are otherwise accused of sexual assault, contact us. The initial case evaluation is free and confidential. We can discuss your case and your options, with the goal of pursuing the best result available under the facts and law.

Get a free, confidential case evaluation