A military attorney’s role in sexual harassment cases changed significantly in recent years, because the legal landscape itself changed. Sexual harassment is now addressed on two tracks at once, an administrative complaint system and, since a 2022 reform, a specific criminal offense. The attorney’s role depends on which track is in play and which side the attorney represents.
A recent, important change
Historically, sexual harassment in the military was handled administratively and, when charged, prosecuted under other articles such as maltreatment. That shifted. Pursuant to the Fiscal Year 2022 National Defense Authorization Act, an executive order signed on January 26, 2022 made sexual harassment a specific offense under Article 134 of the UCMJ. So sexual harassment can now be both an administrative matter and a distinct criminal charge, which is the single most important development to understand.
The two tracks
The two systems serve different purposes, and an attorney works within both:
- The administrative track (Military Equal Opportunity). A complaint can be pursued through the MEO process, which has informal and formal options, with timelines for filing and for command investigation. This is the avenue for redress and corrective action.
- The criminal track (Article 134). As a defined offense, sexual harassment requires conduct that is unwelcome, sexual in nature, and creates an intimidating, hostile, or offensive environment, and a substantiated formal complaint follows reporting channels into the military-justice system.
Knowing which track a matter is on, or whether it is on both, shapes everything the attorney does next.
The attorney’s dual role
Crucially, a military attorney may be on either side:
- Supporting a person who experienced harassment, helping them understand the MEO process, file effectively, and navigate reporting.
- Defending a service member accused of harassment, holding the government to the elements of the Article 134 offense and the facts, just as in any criminal charge.
The role is therefore defined by position as well as process: advising and supporting on one side, or testing the proof on the other.
When a member reports harassment today, the attorney works both tracks at once, the equal-opportunity complaint and, since the 2022 change, the standalone criminal offense the conduct may now constitute.
The key point is that sexual harassment is now a two-track issue, administrative through MEO and criminal under Article 134 after the 2022 change, and the attorney’s role flows from that structure: identify the track, then advance the client’s interest, supporting a complainant or defending an accused, within the correct framework.
Frequently Asked Questions
Is sexual harassment a crime under the UCMJ?
Yes. Following the FY2022 NDAA, a 2022 executive order made sexual harassment a specific offense under Article 134, in addition to the administrative complaint process.
What is the administrative route for a harassment complaint?
The Military Equal Opportunity (MEO) process, which offers informal and formal options with timelines for filing and for the command’s investigation and response.
Can a military attorney represent either side?
Yes. An attorney may support a person who experienced harassment through the complaint process, or defend a service member accused under Article 134.
This article is general information about sexual harassment in the military. It is not legal advice and does not create an attorney-client relationship. Procedures and the law can change. Anyone involved in such a matter should consult a qualified military attorney or their legal assistance office.
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