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Sexual Harassment


Sexual harassment allegations in the military are taken very seriously and can have significant implications for your career, reputation, and personal life. Understanding how the law has evolved, how each service handles these accusations, the specific regulations under the Uniform Code of Military Justice (UCMJ), and strategies for defending against such allegations is crucial for any servicemember facing this situation.

Historical Context and Legal Evolution

Historically, sexual harassment in the military was an issue often overlooked or inadequately addressed. The legal landscape began to change significantly in the late 20th century. Following a series of high-profile cases and increased advocacy, military policies have been strengthened to address and reduce incidents of sexual harassment.

For instance, the Tailhook scandal in 1991, where allegations of sexual assault and harassment at a military convention came to light, sparked public and congressional scrutiny. This led to a reevaluation of policies and the implementation of stricter regulations regarding sexual misconduct within the armed forces.

The services continue to be under scrutiny to this day, making it scary and unpredictable for anyone accused of sexual harassment.

Sexual Harassment as a Distinct UCMJ Offense

In 2021, the UCMJ was amended to include sexual harassment as a distinct offense under Article 134. It provided a clear legal framework that helped standardize how allegations are treated across the military services. In 2025, substantiated cases of sexual harassment fall under the purview of the Office of the Special Trial Counsel, which handles cases like murder, sexual assault, and domestic violence, among others.

General Consequences for Substantiated Sexual Harassment Allegations

The actual consequences for substantiated sexual harassment can vary depending on the command, the rank of the individual involved, and the specific circumstances. Some cases may be handled administratively, while others may involve criminal prosecution.

  1. Non-Judicial Punishment (NJP or Article 15):
    • A service member may face NJP, which includes penalties like reduction in rank, forfeiture of pay, extra duties, and restriction to a specific area.
    • NJP is typically used for less severe misconduct, though sexual harassment can still result in serious penalties through this process.
  2. Administrative Actions:
    • Administrative reprimand or counseling: A substantiated allegation can lead to a letter of reprimand, which becomes part of the service member’s permanent record and can negatively affect future promotions, assignments, and career advancement.
    • Removal from command: If the accused holds a leadership position, they may be removed from their post.
    • Reassignment: The accused may be reassigned to a different unit or location, depending on the severity of the incident.
    • Loss of promotion or career opportunities: Substantiated allegations often lead to a permanent career setback, including the loss of promotion potential or leadership opportunities.
  3. Court-Martial:
    • In more severe cases, the service member may be court-martialed, facing criminal charges that could lead to confinement, dishonorable discharge, and other severe penalties. However, this typically involves situations where sexual harassment also involves assault or other criminal behaviors.
  4. Administrative Separation:
    • If the behavior is deemed severe enough, the service member could be processed for involuntary separation (discharge). This could result in a less than honorable discharge, which carries long-term consequences for veterans’ benefits, civilian employment opportunities, and reputation.
  5. Impact on Clearance:
    • A substantiated sexual harassment allegation could affect the service member’s security clearance, as such misconduct raises concerns about judgment, reliability, and trustworthiness.

Branch-Specific Differences in Process

Each military branch follows DoD guidance for handling sexual harassment cases, but they have their own internal procedures and disciplinary structures:

Army:

  • SHARP Program: The Army has a Sexual Harassment/Assault Response and Prevention (SHARP) program, and any substantiated sexual harassment allegations are typically processed through this program.

Navy:

  • Navy Sexual Harassment Prevention and Response Program: The Navy’s process involves command-level investigations, and if substantiated, the accused may face NJP, court-martial, or administrative separation.

Air Force and Space Force:

  • SAPR Program: The Air Force addresses sexual harassment allegations through the Sexual Assault Prevention and Response (SAPR) program and the commander-led military justice process.

Marine Corps:

  • SAPR Program: The Marine Corps processes sexual harassment allegations through its Sexual Assault Prevention and Response program.

Coast Guard:

  • AHHI Investigations: The Coast Guard uses the Anti-Harassment Program and the manual to investigate claims of harassment. There is a specific process they must follow for the investigation and appeals.

Mandatory Separation

Across all branches, mandatory separation can occur under the following circumstances:

  • Repeat offenses: If a service member has been previously substantiated for sexual harassment and is involved in another incident, mandatory separation is often triggered.
  • Egregious misconduct: If the sexual harassment is of such a nature that it severely disrupts the good order and discipline of the unit, or if it involves a serious abuse of power (such as a superior harassing a subordinate), separation may be mandatory.
  • Officer misconduct: Officers generally face stricter consequences, and substantiated sexual harassment can lead to boards of inquiry, which often result in mandatory separation if the offense is deemed severe.

Does Mandatory Separation Processing Mean You’ll Automatically Be Separated?

No. Mandatory separation processing means the command has to initiate separation proceedings. If the servicemember is not eligible for an administrative separation board or board of inquiry, those proceedings can be initiated through the notification process with the least favorable characterization being a general discharge. If the servicemember is board entitled or if the command is seeking an Under Other Than Honorable Conditions characterization of service, the member will be entitled to an administrative separation board or board of inquiry.

Defending Against an Allegation

Having a skilled military defense attorney is critical to navigating the investigation process, hopefully preventing any consequences. Defending against an allegation of sexual harassment in the military requires a nuanced understanding of both military law and the specifics of the UCMJ. An experienced military defense attorney is vital to protecting your career. Some strategies include:

  1. Investigation of the Facts: Thoroughly investigating the circumstances surrounding the allegations is crucial. This includes interviewing witnesses, reviewing communications, and examining the context in which the alleged harassment occurred.
  2. Understanding the Law: Defense counsel must be adept at navigating the specifics of the UCMJ as well as any pertinent regulations specific to the accused’s service branch.
  3. Character and Credibility: Building a case around the accused’s character and credibility can be pivotal. This may involve gathering testimonies from fellow servicemembers, superior officers, and others who can attest to the accused’s ethical standards and professional behavior.
  4. Proving Consent: In cases where the interactions might have been misconstrued, proving that there was consent at all stages of the interaction can be a defense.
  5. Mitigation and Rehabilitation: Demonstrating that the accused has taken steps towards rehabilitation, such as attending counseling or training sessions, can also be used as part of the defense strategy.

The attorneys at KMD are relentless in defending our clients accused of sexual harassment. We have been told multiple times – and pride ourselves on the fact – that we do more than any client could have imagined in their defense. We know how serious these allegations are, and we know how they impact you mentally and emotionally. We do not take that lightly.

Final Thoughts

Facing an accusation of sexual harassment is a challenging situation that can affect various aspects of your military and personal life. It’s important to approach the situation with seriousness and due diligence. Ensure that you understand the specific protocols of your branch, engage competently with the legal process, and prepare to defend your case with the help of qualified professionals. This comprehensive approach is essential not only for navigating the immediate challenges of the accusation but also for protecting your long-term career and reputation in the military.

Contact KMD for a free consultation.

Kral Military Defense

Military Defense Attorneys

855-707-UCMJ

Our Team


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*Please note, KMD does not handle cases involving the Department of Veterans Affairs, disability claims, or family law matters.

Kral Military Defense
Excellent
4.9
If you are reading this more than likely you are in desperation mode and looking for a military defense lawyer. STOP looking, you found steph and her team. From the go i was taken care of, every question answered and every worry put at ease. The way steph strategized and wrote my defense i could not have done myself nor i think any jag would have done it. I remember sitting across from her very worried and nervous, she asked what was i worried about and i named off a couple corncerns, she went on to explain them all and why i should not worry because she had it handled. There is no price for that feeling. Her and her teams many years of experience is what you need. Thank you steph. I can now move on and reach that finish line.
Good morning, Afternoon or Evening to all.I recently had Stephanie, Lindsey and Danielle as my defense counsel team. They were very professional, approachable and available to assist, give information and be readily available. Nothing but a wonderful experience, definitely help me keep my stress levels at bay while dealing with the legal process regarding my case. I am keep their contact information on hand for anyone who will ever need there services. Highly recommended.
I found myself in an unfortunate situation where I was in desperate need for a military defense attorney. Steph, Abbey and Danielle are a POWERHOUSE together. They’re so knowledgeable and professional. I just remember being told that I was getting an automatic ADSEP and all I can say is that I’m still here with an amazing outcome. I highly recommend if you want to save your military career, especially if you find yourself feeling hopeless about your legal situation 100% retain this law firm you won’t regret it. I am beyond grateful to have had KMD on my side.Thank you so much again for a fantastic job!:) Teiona B
I found myself in an unfortunate situation where I was desperate for an attorney. I am so glad that I found KMD. Steph is a POWERHOUSE and didn't back down during the entire case. She is so knowledgeable and uses her knowledge to your advantage. I could not recommend her more, especially if you find yourself feeling hopeless about a legal case. I am beyond grateful to have met Steph and have her on my side.
Found myself in an unfortunate situation where I was in need of a lawyer. Luckily when I did a google search Kral Military Defense was the first website to pop up. If you are willing to fight for your name and career, then look no further Kral Military Defense is who you want on your side. Stephaine and her team are very knowledgeable and professional.
Kral Military Defenses has my highest recommendation! If you are a service member and need an attorney who is responsive, intelligent, and treats you like a person, not just a number. She is the attorney for you.I was on deployment when I needed an attorney. Kral Military Defense took care of my legal affairs while I was out to sea. It was a weight off my shoulders knowing she was handling my situation back home while I was gone.When my chain of command was putting unnecessary limitations on my liberty because of my legal situation. She went above and beyond by contacted my ship and was able to get them lifted.Kral Military Defense was able to resolve my situation with no action taken against myself. If I ever need of a defense attorney ever again I'm 100% coming back to Kral Military Defense.
My local Military Defense Counsel is very short staffed so I had trouble getting a hold of them. Not wanting to wait I contacted Ms. Danielle Espinosa over the weekend and she was able to help review and discuss my response with me before it was due Monday. She was extremely knowledgeable, cut the fluff and told me like it was. I recommend anyone serious about the future of their Military Career to work with this team. Thank you for your help!
When I retained Ms. Kral, I was a nervous wreck. As she worked with me over the course of 18 months, she was compassionate and was able to assure me that I would have a future. Even my command JAG assured me I’d be alright when I hired her. I couldn’t have asked for a better outcome with my case. Ms. Kral should be your choice if you need a military defense attorney.
Abbigayle Hunter and her legal team, especially Danielle Espinosa, were exceptional! The communication was prompt, professional, and thorough. From the moment we reached out to them, they showed a genuine interest in understanding our case and providing us with the best legal representation possible.Abbigayle Hunter and Danielle Espinosa, went above and beyond to ensure that we were kept informed throughout the entire legal process. They promptly responded to our emails and phone calls, addressing any concerns or questions we had. Their attention to detail and extensive knowledge of the law instilled confidence in us that we were in capable hands.Not only did Abbigayle Hunter and her team provide us with excellent communication, but they also displayed a remarkable level of expertise. They meticulously examined every aspect of our case, leaving no stone unturned. Their dedication and commitment to our case were evident in the meticulous research they conducted, the thorough documentation they prepared, and the persuasive arguments they presented.Abbigayle Hunter not only possessed an impressive understanding of the law but also had excellent negotiation skills. Her tirelessly advocated on our behalf, ensuring that our interests were protected and our rights were upheld. Their ability to navigate complex legal matters and maneuver through any obstacles that arose was truly remarkable.
Stephanie and her team were AMAZING! I found her through a mutual friend and she handled my case with care and compassion. Even her team checked on me, answered all my questions I had, overall she made sure everything was token care of during the ENTIRE process! When she told me “don’t you worry, that’s my job” I truly believe her and in the end she got the results that I am so grateful for! Hopefully I won’t have to go through the process again but if I have to she will most definitely be the woman I WILL call on! Thank you so much Stephanie and Danielle you both made this process a lot less stressful with your knowledge and compassion towards me and my case!!!
Steph and her team worked diligently to ensure all evidence or lack there of was thoroughly examined. Her knowledge and experience within the military justice system gave me piece of mind throughout the process as she was well versed in the way everything played out. My family and I are grateful for the hard work and professionalism displayed by everyone on her team. Thank you!
Steph was the first and clear choice to handle my ADSEP board. I was facing serious allegations, which she handled with professionalism while keeping me posted along the way. Her expertise in UCMJ matters is second to none. Without her I would have probably lost my retirement benefits.
Called on behalf of a veteran who is terminally ill regarding a discharge upgrade and spoke to their assistant Christian. Christian was so unbelievably rude and spoke to me like I'm an idiot when he was unable to answer the questions I had about their services and the process. The level of disrespect from him totally caught me off guard given the nature of work the office is supposed to be doing. What's more upsetting is the lack of empathy that he displayed during our conversation. Unfortunately, I can't not speak on the level of service from the attorneys since we decided to go with someone else but Christian either needs to undergo more training or he needs to be replaced.
Stephanie is very experienced and a great attorney.
There are many things that I could say about this particular law firm, but instead of going into the weeds on my particular case, I feel as though brevity would be the best choice here. I was primarily represented by Ms. Abbigayle Hunter, and in short, I believe the representation by Ms. Hunter was above reproach. I couldn’t have asked for a better legal professional to handle the complexities of my particular case. She was transparent, punctual, and actually made me feel as though she was personally invested, despite the fact that she had already been paid for representation. She didn’t sugarcoat hard truths and was very up front about all different aspects relating to my case. It was comforting in a way that she was also a fellow service member, and it made me feel as though she took this case to heart and it added another level of drive to the case. Ms. Hunter has a certain tenacity in the courtroom that I found very refreshing to witness, and I would strongly recommend her to anyone else seeking legal advice. Would actively seek to be represented by her again, though also hoping it’s never needed.
Outstanding!!!! She's very smart, knows her job, and communicates with you all the time with the best of her knowledge. I highly recommend Kral Military Defense!!!
After my command refused to give me due process, I was lost for words and truly had no where to turn. A shipmate referred me to Steph and it was the best possible recommendation I have ever received. Reliable, expert, professional and overall just a great person. She never lost sight of my case and would check in on me to ensure I was doing good personally. I highly recommend her services to anyone who may have a legal issue. At minimum, request a consultation. I can assure that you will not be dissatisfied!
Great team! After hiring this legal team i was pleased with their work and their ability to go above and beyond resulting in a finding of not guilty.
Very easy to talk to. Will get you the best outcome there is
I wish you could give more than 5 stars. She deserves 10!! This was a huge decision for our child, but she was worth every penny and more. As a mom I was really concerned about him spending the money on an attorney since you never know what you’re going to get. Our child mentioned this to Stephanie and she called me to answer all my questions. She went above and beyond what was required of her, not just with the phone call but with everything she did. The case went on for longer than we had ever imagined. She never wavered in her dedication. I was honestly shocked at just how hard she worked. If only I could express in words the heart felt gratitude, we feel towards her. She fought so hard and we knew we could trust decisions she made. When ever our child would update us, we would ask what Stephanie thought. We never could have imagined finding an attorney who we trust as much as we trust her. I don’t believe you will find an attorney who will fight as hard for you as she will. I consider her a part of our family and am so very blessed to have gotten to know her. She’s an amazing attorney and an even more amazing human being.
Stephanie was a great attorney as well as her team they helped me through my entire CID investigation and got me a no basis separation. Every question I had was answered in the upmost professional manner. I highly recommend that you retain her defense team for any case that you have. She’s attacks every case in a manner that leaves everyone with a reasonable doubt.
This was a life changing decision.I spent hours searching for and calling several attorneys. Some didn't give me the time of day, others just seemed cold. Mrs. Kral was the only attorney I called who actually seemed to care. And not only that but she listened me and gave an honest opinion. Usually you feel that attorneys only care about money but I never once felt that from Mrs. Kral. She took a personal interest in my case and brought not only her extensive knowledge of the law, but also her fierce attitude and relentless perseverance. She never missed a beat and always had a way forward. She also has excellent communication skills and took the time to explain everything to me at every step. I felt hopeless until we met. Now I can move on with my life and move forward with everything behind me because of how valiantly she fought. I truly think that if you decide to choose Kral Military Defense to fight for you then you'll never feel disappointed. If I could give more than 5 stars then I would. Because she's not like other attorneys. She will always have your back and keep your best interests at heart. If you take away anything from this review, let it be this: You want someone behind you that is willing to fight for you as if you were their own and also has the strength and knowledge to be successful. Don't pass up the opportunity to increase your chances and decrease your stress.
The team at Kral Military Defense is very approachable, knowledgeable, and dedicated. I was facing an LOR due to the results of an investigation conducted by the military. The team at Kral Military Defense reviewed the report of investigation and was able to craft an excellent rebuttal to the charges. Ultimately, the leadership decided to rescind the LOR . The whole team, Steph, Danielle, ,Abby, and Chris were very responsive to my questions and requests through the whole process. If you ever find yourself in any sort of legal situation in the military I highly recommend that you contact them and put them in your corner!
Stephanie was very knowledgeable and despite me being so anxious about my case helped me through it and got an innocent verdict within 6 minutes of the board being adjourned. So very grateful for her and my JAG for helping me out and highly recommend hiring Stephanie especially if you are military.
This law firm it worth every penny. Mrs. Danielle is an amazing women. She is kind and warm hearted and professional. She will make sure she understands you very well and will fights tooth and nail for you. Mrs. Abby is phenomenal. Mrs. Abby's Knowledge is deep and spot on. Mrs. Abby knows what to do and if she's not sure about UCMJ she'll make sure she does within your next call. Both these ladies are top-tier lawyer and paralegal. And I will always recommend these two to others for the duration of their long careers. Christian was a great guy and made sure all information was pushed up to them in a timely manner he's a hidden gem. They fight the good fight. Do not doubt them and work with them and they'll do their best and more.
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About The Firm


Kral Military Defense defends members of America's military throughout the world. We do not maintain physical office space in the traditional sense. Instead, we offer secure video and telephone consultations and meet with current clients, as needed, at home and abroad.

KMD practices in Washington D.C. under D.C. App. R. 49, limiting the practice only to federal military courts in which we are admitted to practice providing services authorized under Rule 49(c)(3). No attorney is admitted to the Washington D.C. Bar, which is not required for our federal military practice.

Office Location


3111 Camino Del Rio N.
Suite 400
San Diego, CA 92108

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Nothing on this site should create an expectation of any particular outcome or result. Every case is unique.

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