How to Prove Sexual Harassment in the Military

March 30, 2026

In this article Attorney Barry explains how to prove sexual harassment in the Military, as well as what to do if a Servicemember is accused of it.

Sexual Harassment has multiple different standards. The first is the standard defined by Article 134 of the UCMJ. The elements of sexual harassment made illegal under the UCMJ are as follows:

That, (state the time and place alleged), the accused knowingly (made sexual advances) (made demands for sexual favors) (made requests for sexual favors) (engaged in conduct of a sexual nature), to wit: __________,
That such conduct was unwelcome;
That, under the circumstances, such conduct: (a) would cause a reasonable person to believe, and a certain person, namely (state the person alleged), did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits, or entitlements; or (b) would cause a reasonable person to believe, and a certain person, namely (state the person alleged), did believe, that submission to or rejection of, such conduct would be used as a basis for decisions affecting that persons’ job, pay, career, benefits, or entitlements; or (c) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person, namely (state the person alleged), did perceive, an intimidating, hostile, or offensive working environment; and
That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces)

The second standard is defined by each service in a regulation/directive. The standard is, essentially, as follows:

Conduct that involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when - submission to such conduct is, either explicitly or implicitly, made a term or condition of a person’s job, pay, or career; or, submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or, such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment; and, is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive; or,
Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the Armed Forces or a civilian employee of the DoD; or,
Any deliberate or repeated unwelcome verbal comments or gesture of a sexual nature by any member of the Armed Forces or civilian employee of the DoD.

After being accused of committing misconduct or being informed one is under investigation, it is natural to wonder how to prove sexual harassment in the Military. To begin, sexual harassment is typically investigated by the Command and not by law enforcement (CID, OSI, or NCIS). The Command will typically investigate sexual harassment through a 15-6 investigation (Army), Command Investigation (Navy and Marines), or Commander Directed Investigation (Air Force). The standard to prove allegations during these types of investigations is a preponderance of the evidence (more likely than not). In Attorney Barry's experience, the following evidence is typically collected to attempt to prove sexual harassment in the military:

Sworn statements from alleged victims;
Sworn statements from witnesses to alleged behavior;
Text messages;
Snap Chat Screenshots;
Instagram Messages;
Other Social Media Messages;
Emails;
Photos/Videos; and/or,
a sworn statement from the Servicemember accused admitting to certain behavior;

If sexually harassing behavior is only alleged by one witness, and none of the other evidence listed above is present, it is easier to refute. However, the more evidence described above that is present, the more likely it is that sexual harassment will be substantiated.

If sexual harassment is proven, adverse action is likely to follow. While a Court-Martial is possible, typically administrative action is taken. This usually consists of Nonjudicial punishment, Reprimands (LORs/GOMORs), and negative evaluation reports. Furthermore, Servicemembers with proven sexual harassment allegations almost always face separation from the Military.

Any Servicemember wondering how to prove sexual harassment 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 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 sexual harassment 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 sexual harassment 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.