On January 26, 2022, President Biden signed an executive order. This order makes sexual harassment a crime under the Uniform Code of Military Justice (UCMJ). Fiscal 2022 National Defense Authorization Act mandated that the President make sexual harassment its own offense under of the UCMJ.

Understanding Article 134 Sexual Harassment in the Military

Article 134 of the Uniform Code of Military Justice (UCMJ) defines sexual harassment as an offense punishable under military law. On December 27, 2021, the President made an important decision. He ordered that sexual harassment be recognized as a crime in the military justice system.

Elements of Article 134 Sexual Harassment

For a service member to be found guilty of sexual harassment, the following elements must be proven:

1. Knowingly Engaging in Sexual Conduct
   • The accused must have knowingly made sexual advances, requests for sexual favors, or engaged in other sexually-related conduct.
2. Unwelcome Conduct
   • The conduct in question must have been unwelcome by the recipient.
3. Impact of the Conduct
   • The conduct must have created one of the following conditions:
     • A reasonable person believed, and the victim did believe, that submission to such behavior was a requirement for job security, pay, career advancement, benefits, or entitlements.
     • A reasonable person believed, and the victim did believe, that rejection or acceptance of the conduct could impact career-related decisions.
     • The behavior was so severe, repetitive, or pervasive that it created a hostile, intimidating, or offensive work environment.
4. Effect on Military Order and Discipline
   • The accused’s behavior must have resulted in one of the following outcomes:
     • Harmed good order and discipline within the armed forces.
     • Brought discredit upon the armed forces.
     • Both harmed discipline and brought discredit upon the military.

Consequences of Article 134 Sexual Harassment Allegations

To be convicted of sexual harassment under Article 134, all elements must be proven. The military often investigates such allegations through a command investigation or, in the Army, a 15-6 investigation.

If an investigation concludes that a service member has committed sexual harassment, the commanding officer must take action. Possible administrative consequences include:

• Non-Judicial Punishment (NJP): A disciplinary action imposed without a court-martial.
• General Officer Memorandum of Reprimand (GOMOR): A formal reprimand that may lead to separation from service.
• Involuntary Separation: A service member may be required to leave the military.
  • Those with six or more years of service have the right to a separation board, where they can challenge the findings with the help of an attorney.
  • Officers may face a Board of Inquiry (BOI) or Show Cause Board.
  • Enlisted personnel may undergo an Administrative Separation Board (AdSep).

What to Do If You Are Under Investigation

If you are under investigation for Article 134 Sexual Harassment, take the following steps immediately:

• Do not make any statements without first consulting an attorney.
• Avoid trying to explain your actions, as this may unintentionally confirm details that could be used against you.
• Contact an experienced military lawyer to protect your rights and build a strong defense.

Get Legal Help Now If you need legal assistance, call (757) 504-2815 or contact us today. Our attorneys can provide guidance on potential defenses, the strengths and weaknesses of the prosecution’s case, and possible outcomes.

For more information, including maximum punishment details and case results, consult with an experienced military lawyer.