When a service member is accused of a violent crime—especially sexual assault—substance use is often part of the story. Alcohol or drugs may blur memories, cloud judgment, and shape how investigators and court‑martial panels interpret what happened.
Substance Abuse and the Military
The National Institute on Drug Abuse (NIDA) encourages every installation to talk frankly about misuse. NIDA defines substance‑use disorders (SUDs) broadly: alcohol, cannabis, cocaine, hallucinogens, opioids, sedatives, and stimulants.
Alcohol dominates the data. Public health studies show alcohol‑use disorders (AUDs) are the most common SUD in the Army. In one unit‑level investigation, 22 percent of soldiers met the definition of hazardous or heavy drinking (more than four drinks per day or 14 per week for men; more than three per day or seven per week for women). Those soldiers reported markedly higher rates of sleep problems and job dissatisfaction.
The 2021 Health of the Force report also found that service members under 25 had the highest rate of new SUD diagnoses. Younger troops also binge‑drink at greater rates than their civilian peers—often because alcohol is seen as a bonding tool or stress release after long hours, permanent change‑of‑station moves, or combat deployments.
The consequences ripple outward: impaired driving, family violence, lost time, and degraded readiness. Dr. Charles Milliken, clinical director of the Army’s Substance Use Disorder Clinical Care office, notes that up to 50 percent of suicides, sexual assaults, and intimate‑partner‑violence incidents are alcohol‑related.
Military Sexual Assault and Substance Use
A 2023 review in the European Journal of Psychotraumatology analyzed 34 studies spanning nearly three decades. The authors found that 14 percent to 66 percent of sexual‑assault cases involving U.S. servicemen and 0 percent to 83 percent involving servicewomen also involved alcohol or a combination of alcohol and drugs. On average, roughly four in ten cases across genders featured substance involvement.
The problem is that each study defined “alcohol‑involved” differently. Some counted any drink within 24 hours; others required verified intoxication. Few captured event‑level facts such as:
How much was consumed and over what period?
- Who provided the alcohol?
- Where was it consumed?
- Was the encounter opportunistic or facilitated?
Those details matter in a courtroom. Without them, an investigator—or a panel—may assume intoxication equals guilt.
How Substance Use Complicates a Court‑Martial Defense
Alcohol and drugs can complicate any situation. If you’re accused of a violent crime and/or sexual assault, that includes a court-martial. Here’s how substance use can affect or complicate your defense:
- Memory gaps and conflicting accounts: Alcohol and drugs impair the brain’s ability to form clear memories. Both the accused and the complainant may recall fragments or feel confident about events that later prove inaccurate.
- Consent under the UCMJ: Article 120 recognizes that a person who is incapacitated cannot consent. But proving exactly when incapacitation began and who knew about it is complex. Blood‑alcohol evidence, witness timelines, and expert toxicology can change the picture.
- Perceived moral failure: Panels tend to view heavy drinking as reckless or dishonorable unless counsel provides context (unit culture, stressors, lack of command guidance, etc.).
- Potential mitigation: Voluntary intoxication is not a blanket defense. However, it may show there was no intent to harm, or that the accused held an honest—but mistaken—belief in consent. Involuntary intoxication (that is, if you were unknowingly drugged) is an affirmative defense.
Building a Defense
If you are already under investigation or have been charged, you need a defense team that knows how to:
- Reconstruct the timeline with toxicologists, forensic psychologists, and/or digital forensics.
- Look for gaps in the government’s evidence
- Humanize you before the panel, including the operational stressors, the unit culture, and your personal efforts to seek help (or the barriers that kept you from it)
- Protect your rights against command influence or investigative shortcuts
These factors can significantly affect your court martial outcome—and with so much at stake, you can’t afford to face your panel alone.
Talk to an Experienced Court Martial Defense Attorney Today
If you are facing court‑martial charges involving alcohol or drugs, contact Court Martial Law Division – A Division of Aviso Law LLC today. You deserve a strong defense to protect your rights and your career.
