Understanding Article 93, UCMJ: Cruelty and Maltreatment

If you’re a servicemember facing potential charges under Article 93 of the Uniform Code of Military Justice (UCMJ), it’s crucial to understand what this article covers, its potential consequences, and your defense options. This article will also address related matters such as no-contact orders and military protective orders that may be relevant to your situation.

What is Article 93, UCMJ?

Article 93 of the UCMJ addresses “cruelty and maltreatment” toward subordinates. It states:

“Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.”

This article prohibits a servicemember from treating someone subject to their orders in a cruel or maltreating manner. The key elements that the prosecution must prove are:

1. That a certain person was subject to the orders of the accused
2. That the accused was cruel toward, oppressed, or maltreated that person
3. That the conduct was intentional

What Constitutes Maltreatment?

Maltreatment encompasses a wide range of behaviors, including but not limited to:

• Sexual harassment
• Assault or battery
• Hazing
• Verbal abuse, excessive criticism, or humiliation
• Imposing excessive or unauthorized physical training
• Creating a hostile work environment
• Discrimination based on race, gender, religion, etc.

The relationship between the accused and the victim is critical—there must be a superior-subordinate relationship where the victim was subject to the orders of the accused.

Military Protective Orders and No-Contact Orders

During an investigation or pending court-martial for Article 93 violations, commanders may issue protective orders:

Military Protective Orders (MPOs)

MPOs are formal orders issued by a commanding officer to protect alleged victims. They typically:

• Require the accused to maintain a specific distance from the alleged victim
• Prohibit any form of contact, including through third parties
• May include restrictions on possession of firearms
• Usually last for a specific duration but can be renewed
• Are only enforceable on military installations or through military justice channels

No-Contact Orders

No-contact orders are similar but may be less formal:

• Prohibit direct and indirect communication with the alleged victim
• May include specific instructions about workplace interaction
• Can be issued quickly by a commander
• Violation of these orders can result in additional charges under Article 92 (failure to obey a lawful order)

Potential Consequences of Article 93 Violations

If convicted, penalties may include:

• Confinement for up to 2 years
• Forfeiture of all pay and allowances
• Dishonorable or bad-conduct discharge
• Reduction in rank
• Permanent record that can affect future employment

Defending Against Article 93 Charges

If you’re facing Article 93 charges, consider these potential defense strategies:

Challenge the Superior-Subordinate Relationship

If you can demonstrate that the alleged victim was not subject to your orders, this undermines a fundamental element of the charge. This defense is particularly relevant in cases involving:

• Servicemembers of equal rank
• Individuals in different chains of command
• Temporary duty or joint operations with unclear command relationships

Legitimate Training or Discipline

You may argue that your actions constituted legitimate training or appropriate discipline rather than maltreatment. This defense hinges on:

• Demonstrating that your actions adhered to established military training protocols
• Showing that the discipline was proportionate and in line with military standards
• Providing evidence that similar methods are routinely used throughout the service

Lack of Intent

Article 93 violations require intentional conduct. If you can establish that any perceived maltreatment was not intentional, this can be a viable defense. Consider:

• Evidence that you were unaware of how your actions were perceived
• Documentation showing your good relationship with the alleged victim
• Witnesses who can testify to your character and leadership style

False Accusations

In some cases, allegations may be fabricated or exaggerated. To support this defense:

• Identify inconsistencies in the accuser’s statements
• Gather witness testimony contradicting the allegations
• Present evidence of potential motives for false accusations, such as retaliation for poor performance evaluations

Lack of Evidence

The prosecution must prove all elements beyond a reasonable doubt. Challenge them to:

• Produce specific evidence of each instance of alleged maltreatment
• Demonstrate how your actions met the legal definition of cruelty or maltreatment
• Show that any distress caused rose to the level of a criminal offense

Immediate Steps If You’re Facing Charges

1. Consult with a military defense attorney immediately. You have the right to military defense counsel at no cost, or you may hire civilian counsel at your own expense.
2. Understand any orders issued against you. If subject to an MPO or no-contact order, ensure you fully understand its restrictions and comply with them precisely. Violation of these orders can lead to additional charges.
3. Document everything. Keep records of all interactions related to the case, including dates and participants in all meetings and the substance of discussions.
4. Identify potential witnesses. Think about individuals who may have observed the alleged incidents or who can speak to your leadership style and character.
5. Preserve evidence. Save all relevant communications, performance evaluations, training records, and documentation that might support your defense.
6. Be cautious about communications. Anything you say to anyone other than your attorney may be used against you. Exercise your right to remain silent and avoid discussing the case with anyone except your legal counsel.
7. Understand the investigative process. Familiarize yourself with how investigations under Article 93 typically proceed, including timelines and your rights throughout the process.

Conclusion

Facing charges under Article 93 is serious, but with proper legal representation and a strategic approach to your defense, you can work toward the best possible outcome. Remember that you are presumed innocent until proven guilty, and the burden of proof rests with the prosecution.

If you’re dealing with this situation, seek qualified legal counsel immediately. Military defense attorneys specialized in UCMJ cases can provide guidance specific to your circumstances and help you navigate this challenging process.

Contact Kral Military Defense Today

Facing an Article 93 charge can be overwhelming, but you don’t have to face it alone. At Kral Military Defense, we are dedicated to defending those who serve our nation. Contact us today to schedule a consultation and learn how we can help protect your career, reputation, and future.