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Article 93, UCMJ Maltreatment

Elements
  1. That a certain person was subject to the orders of the accused; and
    ​

  2. That the accused was cruel toward, or oppressed, or maltreated that person.[1]

 Generally
 
In our experience, Article 93 has historically been used to charge offenses involving sexual harassment.   That is not to say that Article 93 is exclusively used for sexual harassment cases.  It is possible for assaults and improper punishments to constitute the offense.  The authors have certainly been involved in cases in which service members with medical conditions were forced to engage in tasks as punishment that were clearly prohibited by limitations placed on the victim’s activity by doctors.

The victim, however, is always a subordinate subject to the orders of the accused.  There is case law indicating that more than a seniority of rank is required to constitute a violation of Article 93.  The inquiry is whether the person was subject to the orders of the accused.
[2]
​
The cruelty, oppression, or maltreatment is measured by an objective standard.  It does not have to physical cruelty, oppression, or maltreatment, which can be key in sexual harassment cases.

Practice Pointers
           
Any defense in a maltreatment case must first examine the nature of the victim. Because Article 93 cases tend to involve allegations of sexual harassment in a senior subordinate relationship, there is typically ample opportunity to investigate the alleged victim’s conduct within that senior to subordinate relationship.  Defense counsel will want to consider some of the following aspects of the client’s relationship with the alleged victim:

-The extent to which the alleged victim perceived a personality conflict with the accused;

-Reasons for any perceived personality conflict with the accused. This includes disciplinary actions taken by the accused against the alleged victim;

-The alleged victim’s prior history of complaining about seniors;

-The alleged victim’s mental health history for mood disorders, anxiety disorders, and personality disorders;

-Personal stressors in the alleged victim’s life that may cause him or her to misperceive valid military duties as being cruel, oppressive, or maltreatment;

-Evidence indicating that any relationship between the senior and alleged victim was consensual.  Consensual sexual relationships without more, is not maltreatment
[3];

-Evidence that the alleged actions of the senior had no impact on the alleged victim’s job performance, day-to-day activities, and mental health;
​
-Evidence that other subordinates were subjected to similar treatment and did not perceive the treatment as being cruel, oppressive, or maltreatment.
 

Maximum Punishments and Lesser Included Offenses
The maximum punishment under Article 93 is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.  The only lesser included offense is Article 80 attempts.


[1] MCM, Pt. IV, ¶ 17a.

[2] United States v. Curry, 28 M.J. 49 (C.M.A. 1989); United States v. Soifer, 44 M.J. 603 (N-M. Ct. Crim. App. 1996).

[3] United States v. Fuller, 54 M.J. 107 (C.A.A.F. 2000).

[4] Military Judges Benchbook, ¶ 3-17-1 – Cruelty, Oppression, or Maltreatment of Subordinates.


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The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
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  • Court-Martial Lawyers
    • Military Sexual Assault Lawyer - Article 120, UCMJ
    • Military Failed Drug Test
    • Article 80 Attempts
    • Article 81 Conspiracy
    • Article 118 Murder
    • Article 128 Assault - Military Assault Charges >
      • Maltreatment
      • Theft and Larceny Cases >
        • Article 132 Frauds Against the United States
      • Parental Discipline Cases
    • AWOL and Desertion >
      • Article 85 Desertion
    • Article 133 Conduct Unbecoming
    • Disrespect Offenses >
      • Article 92, UCMJ Failure to Obey an Order
    • Article 107 False Official Statements >
      • Obstruction of Justice
    • Pornography Cases
  • Court-Martial Appeals
    • Petitions for a New Trial
    • Legal and Factual Insufficiency of the Evidence
    • Summary Court-Martial
    • Multiplicity in the Military
    • Sentencing Severity
  • Discharge Review Board Lawyer
  • Administrative Separation Board Lawyer
  • Records Corrections
    • Reprimand Appeals
    • Evaluation Report Appeals
    • Qualitative Management Program Cases
    • Titling Actions
    • Cadet and Midshipmen Misconduct
  • Notable Cases
    • My Lai
    • Abu Ghraib
    • Haditha
    • Maywand District Murders
    • US v Scott
    • MARSOC
  • Our Team
    • Gary Myers
    • Daniel Conway
    • Brian Pristera
    • Lauren Johnson-Naumann
    • Joseph Galli
    • Matthew Flynn
  • Videos