Inappropriate Touching in the Military

April 5, 2026

Inappropriate touching in the Military is, essentially, defined under two UCMJ Articles: Articles 120 and 128 of the UCMJ.

Under Article 120 UCMJ, an inappropriate touching in the Military is called an "abusive sexual contact." In order for a touch to qualify as an abusive sexual contact, someone must touch someone else in the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person. Furthermore, the touch must be done with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

Therefore, an abusive sexual contact requires a touching in a specific area with a specific intent. Intent of someone else is hard to prove; however, all circumstances should be considered. For example, what was the context of the touch? Were words exchanged? Where did it occur? A touch with context that makes it appear accidental/innocent/justified is very different than a touch in a social setting where there might be an attraction.

If a touch does not qualify as an abusive sexual contact, it could still be an inappropriate touching in the Military under Article 128, UCMJ (assault consummated by a battery). For a touch to violate Article 128 it must be "offensive." What is, and is not, offensive is judge by a Commander, Separation Board, or Jury (depending on the forum). Examples of an offensive touching are spitting on someone, pushing someone, hitting someone, or touching someone in a manner that is bothersome. This can be very subjective and is often left up to what a reasonable person would consider. Often times someone reports an inappropriate touching in the Military as sexual and the specific intent cannot be proved, so it is classified as an "offensive" touching under Article 128 because it is easier to prove.

It is common for Servicemembers to be accused of an inappropriate touching in the Military. Sometimes, these allegations are completely made up; however, most of the time accidental/innocent touches are misconstrued. Furthermore, a lot of the time the touching was consensual at the time but, for numerous common reasons, the complaining witness attempts to rewrite history.

Inappropriate touching in the Military, if substantiated, can result in any of the following types of adverse action:

Court-Martial
Separation Board (Army, Air Force, Navy/Marines, Coast Guard)
Board of Inquiry (Army, Air Force, Navy/Marines, Coast Guard)
Reprimands (ie. GOMORs, LORs)
Article 15s/NJP
Negative Evaluations

Any Servicemember accused of an inappropriate touching in the Military should immediately consult an experienced Military Defense Lawyer. Decisions made during the investigation can make all the difference. Furthermore, a well-crafted rebuttal to an adverse action, which should include additional evidence collected by a lawyer, can result in the case being dropped. Finally, effective representation during the Court-Martial/separation process is vital to success (i.e. allegations being unsubstantiated and/or retention in the Military). While JAGs are available to assist, they are often over-worked, inexperienced, and unwilling or unable to provide adequate advice/assistance for inappropriate touching allegations. A civilian Military Lawyer can be retained, which allows a Soldier to be represented by a proven lawyer with good former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has extensive experience with all types of Military Adverse Actions, including those related to inappropriate touching in the Military.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.