Types of Conduct that Would Violate the Military’s Sexual Harassment Rules
Not so long ago, changes to military justice now criminalize “sexual harassment” under Article 134, UMCJ. With little caselaw on such behaviors, it can be unclear to service members what actions may be considered criminal under the changes. Despite military training educating service members on what the “reasonable standard” is concerning one’s personal actions and interactions with others, it can be a slippery slope trying military members for alleged crimes punishable by confinement based on the subjective perception of the accuser–which might be where military justice is headed. Nevertheless, given the seriousness of a conviction, if you are faced with sexual harassment accusations, it can be advantageous to have a skilled and specialized legal professional representing you.
If you have questions about sexual harassment in the military or if you have been accused and need legal assistance, the Norfolk military defense lawyers at The Griffin Law Firm can help.
Key Elements in the Reasonable Standard for Military Sexual Harassment
UCMJ Article 134 says that a person commits sexual harassment when the following elements exist:
- The person knowingly makes a sexual advance, demands a sexual favor, or engages in sexual conduct to another person where such behavior is not welcome.
- The conduct would cause a reasonable person to believe that such advances and behavior, whether rejected or submitted to, is a condition of job, duties, pay, career, benefits, or entitlements.
- The conduct would cause a reasonable person to believe that such advances and behavior, whether rejected or submitted to, would impact one’s career or employment.
- The conduct is severe and consistent enough to cause a reasonable person to believe and perceive such advances and behavior as those that make their duty or work environment toxic, hostile, or offensive.
- The behavior must be “of a nature to bring discredit upon the armed forces” and/or be “prejudicial to good order and discipline.”
Examples of Conduct that Could Violate Article 134 UCMJ
Below is a brief overview that includes but is not limited to behavior that could be considered a violation of Article 134 UCMJ Military Sexual Harassment:
- Making sexually suggestive and inappropriate comments.
- Non-consensual touching, hugging, or other unwanted physical contact.
- Making sexual advances to a colleague who clearly refuses such advances.
- Sexually explicit joke-telling.
- Derogatory and disparaging comments about gender, sexual orientation, or another individual’s appearance.
- Spreading mistruths and false or sexually explicit rumors.
- Making lewd and sexual gestures.
- Pressuring a subordinate into a sexual relationship through coercion.
- Retaliation against another party after a rejection of sexual advances or threatening to inflict punishment.
- Making sexualized comments about one’s appearance.
- Sending lewd emails.
- Persistent and continued flirting with a colleague who has shown a disinterest in the behavior.
Contact a Norfolk Military Criminal Defense Lawyer
Each of the above examples illustrates types of conduct that are inappropriate, and when the receiving party finds them unwelcome or rejects them, violations of Article 134 UCMJ may lead to legal trouble.
If allegations of sexual harassment have been made against you, it is your right to have legal assistance. Contact a skilled Norfolk military criminal defense lawyer at The Griffin Law Firm for help with your case.