Article 120 UCMJ Aggravated Sexual Contact by Force

Note: This law applies only to Article 120 UCMJ Aggravated Sexual Contact offenses committed on and after 1 January 2019.

What is Article 120 UCMJ Aggravated Sexual Contact by Force?

Aggravated sexual contact by force under Article 120 of the UCMJ is a serious offense that involves non-consensual sexual acts executed through the use of force. The severe penalties, including long-term confinement, dishonorable discharge, and mandatory sex offender registration, underscore the gravity of these accusations.

Given the significant legal and personal repercussions, it is critical for individuals accused of this crime to seek the best military defense lawyers. These lawyers can provide a robust defense, scrutinize the evidence, and navigate the complexities of military law to protect the accused’s rights and future.

Accusations of aggravated sexual contact by force can lead to drastic consequences, such as loss of military rank, financial forfeitures, and lifelong stigmatization. The accused must understand that the military justice system’s procedures and standards differ from civilian courts, making it essential to have Article 120 UCMJ Aggravated Sexual Contact by Force lawyers well-versed in military law.

Hiring experienced legal representation ensures that the accused receives a thorough defense, which includes challenging the prosecution’s evidence, cross-examining witnesses, and presenting mitigating factors. The stakes are incredibly high, with the potential for mandatory minimum sentences ranging from 2.5 to 10 years and other severe penalties. Therefore, engaging the best military defense lawyers to safeguard one’s rights and achieve the most favorable outcome possible is crucial.

What are the Elements of Article 120 UCMJ Aggravated Sexual Contact by Force?

That (state the time and place alleged), the accused [committed sexual contact upon] [caused a sexual contact to be committed upon] (victim), by (state the alleged sexual contact); and
That the accused did so by using unlawful force against (victim).

Note: The maximum and minimum punishments for Article 120 UCMJ Aggravated Sexual Contact by Force (Aggravated Sexual Contact) vary depending on the date of the offense.

In the military, the crime of Article 120 UCMJ Aggravated Sexual Contact by Force, falls under the general offense category of Aggravated Sexual Contact. It is one of the more serious offenses under the UCMJ and carries significant mandatory punishments. Offenses committed after December 27, 2023, carry a mandatory minimum jail sentence of 30-120 months (Between 2 years and 6 months to 10 years of confinement). If convicted, the defendant must register as a Federal and State sex offender.

What are the Aggravated Sexual Contact Offenses Under Article 120 UCMJ?

What are the Maximum Punishments for Aggravated Sexual Contact by Force, Article 120 UCMJ?

Maximum Punishments for Article 120 UCMJ Aggravated Sexual Contact by Force committed between 1 Jan 2019 and 27 Dec 2023

20 Years of Confinement
Dishonorable Discharge, BCD, Dismissal
Total Forfeitures
Reduction to E-1
Collateral Consequences of a Federal Felony Conviction
Collateral Consequences of Registration as a State & Federal Sex Offender

Maximum Punishments for Article 120 UCMJ Aggravated Sexual Contact by Force committed after 27 Dec 2023

Under the Sentencing Parameters, Aggravated Sexual Contact by Force, Article 120 UCMJ, is a Category 3 Offense
Mandatory confinement ranges from 30-120 months (Between 2 years and 6 months to 10 years)
Dishonorable Discharge, BCD, Dismissal
Total Forfeitures
Reduction to E-1
Collateral Consequences of a Federal Felony Conviction
Collateral Consequences of Registration as a State & Federal Sex Offender
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence.

Combined UCMJ Maximum Punishment Charts

What are the collateral consequences of having to register as a convicted sex offender?

Sex Offenders Often Cannot Live Near or Visit “Places Where Children Congregate.” What does that mean? It means a registered sex offender may not be allowed to live near or visit schools, parks and playgrounds, beaches, shopping malls, stores, movie theaters, community centers, places of worship, libraries, recreational facilities, skating rinks, bus stops, and many more.

Potential Collateral Consequences of a Conviction of Article 120 UCMJ Aggravated Sexual Contact by Force

A military member convicted of Article 120 UCMJ Aggravated Sexual Contact by Force must register as a sex offender. A registered sex offender may suffer the following collateral consequences:

Denied housing or difficulty finding housing
Loss of family
Isolation
No educational opportunities
Unemployable or difficulty finding employment
Physical assault
Increased homelessness
Harassment
Financial hardship
Stigmatization
The decline in mental health
No internet access
Deterioration of social bonds
Loss of residency
Difficulty with relationships
Social disgrace and humiliation
Loss of friends
Loss of custody of children
Lack of privacy

Sample Model Specification: Article 120 UCMJ Aggravated Sexual Contact by Force

In that ENS Willy Lopez, US Navy, did, at or near Naval Air Station Jacksonville, Florida, on or about 22 May 2024, touch directly the inner thigh of John Victim, with ENS Willy Lopez’s body part, to wit: ENS Willy Lopez’s foot, with an intent to harass John Victim by using unlawful force.

What are the Definitions for Article 120 UCMJ Aggravated Sexual Contact by Force?

“Sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.

What is Unlawful Force Under Article 120 UCMJ Aggravated Sexual Contact by Force?

By unlawful force. When the sexual contact is alleged by unlawful force, include the following instruction:

“Unlawful force” means an act of force done without legal justification or excuse.

“Force” means the use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or inflicting physical harm sufficient to coerce or compel submission by the victim.

Marriage and Article 120 UCMJ Aggravated Sexual Contact by Force. Marriage is not a defense to any offense violating UCMJ Article 120 Sexual Contact by Force. If necessary, include the following instruction: Marriage is not a defense to this offense.

“Sexual act” means:

the penetration, however slight, of the penis into the vulva or anus or mouth;
contact between the mouth and the penis, vulva, scrotum, or anus; or
the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

The “vulva” is the external genital organs of the female, including the entrance of the vagina and the labia majora and labia minora.

“Labia” is the Latin and medically correct term for “lips.”

If Evidence of Consent to Article 120 UCMJ Aggravated Sexual Contact by Force has Been Raised, then the Military Judge Will Give the Following Instruction:

Instructing on consent in Article 120 UCMJ Aggravated Sexual Contact by Force cases. The issue of “consent” may arise in two ways.

First, lack of consent is an element when the accused is charged with aggravated sexual contact by administering a drug, intoxicant, or similar substance without the consent of the alleged victim. Lack of consent is not an element when the accused is charged with aggravated sexual contact by any other method (to include when the accused is charged with administering a drug, intoxicant, or similar substance by force or by threat of force). See US v. Neal, 68 MJ 289, 302-304 (CAAF 2010) (statutory definition of “force” does not imply an element of lack of consent).
Second, evidence of the alleged victim’s consent to the sexual conduct might be introduced with respect to any aggravated sexual contact allegation in order to negate the elements of the offense.
Generally, the elements of an Article 120(c) offense require the accused to have committed sexual conduct “by” a certain method. Stated another way, “by” means the sexual conduct occurred because of that method. Consent to the sexual conduct logically precludes that causal link; when the alleged victim consented, the sexual conduct occurred because of the consent, not because of the charged method.
Accordingly, evidence that the alleged victim consented to the sexual conduct may be relevant to negate an element, even though lack of consent may not be a separate element. If consent evidence has been introduced to negate other elements of the charged offense, give the second parenthetical below, along with the appropriately tailored definitions of consent. If lack of consent to the administration of a drug, intoxicant, or similar substance is an element of the charged offense, give the first parenthetical below, along with the appropriately tailored definition of consent.

IF CONSENT EVIDENCE HAS BEEN INTRODUCED TO NEGATE OTHER ELEMENTS OF THE CHARGED OFFENSE, GIVE THE FOLLOWING INSTRUCTION:

(The evidence has (also) raised the issue of whether (state the name of the alleged victim) consented to the sexual conduct listed in (The) Specification(s) (__________) of (The) (Additional) Charge (___). All of the evidence concerning consent to the sexual conduct is relevant and must be considered in determining whether the government has proven (the elements of the offense) (that the sexual conduct was done by (state the applicable element).

Stated another way, evidence the alleged victim consented to the sexual conduct, either alone or in conjunction with the other evidence in this case, may cause you to have a reasonable doubt as to whether the government has proven (every element of the offense) (that the sexual conduct was done by state the applicable element).

Consent and Article 120 UCMJ Aggravated Sexual Contact by Force

“Consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.

A sleeping, unconscious, or incompetent person cannot consent.
A person cannot consent to force causing or likely to cause death or grievous bodily harm.
A person cannot consent to being rendered unconscious.
A person cannot consent while under threat or in fear.
A “competent person” is a person who possesses the physical and mental ability to consent.
An “incompetent person” is a person who is incapable of appraising the nature of the conduct at issue, or physically incapable of declining participation in or communicating unwillingness to engage in the sexual act at issue.
All the surrounding circumstances are to be considered in determining whether a person
gave consent.

Article 120 UCMJ Aggravated Sexual Contact by Force Military Defense Lawyers

If you are suspected or accused of UCMJ Article 120 Aggravated Sexual Contact by Force, reach out to speak with one of our experienced military court martial lawyers to discuss your best defense strategy.

What is Article 120 UCMJ Aggravated Sexual Contact by Force?

Article 120 of the Uniform Code of Military Justice (UCMJ) addresses various sexual offenses, including Article 120 UCMJ Aggravated Sexual Contact by Force. This offense involves the unlawful and intentional touching of another person in a sexual manner using force, threats, or intimidation. It is a severe charge that can have significant consequences for the accused.

Understanding Article 120 UCMJ Aggravated Sexual Contact by Force

Article 120 UCMJ Aggravated Sexual Contact by Force occurs when an individual commits or causes another person to commit a sexual act through the use of force, threats, or intimidation. The act must be intentional and without the consent of the victim. The definition of “force” includes the use of physical violence, causing bodily harm, or making threats that place the victim in fear of immediate harm. This offense does not require penetration, making it distinct from other sexual assault charges under Article 120.

Collateral Consequences of Article 120 UCMJ Aggravated Sexual Contact by Force Conviction

A conviction for Article 120 UCMJ Aggravated Sexual Contact by Force carries severe penalties. These can include imprisonment, dishonorable discharge, and forfeiture of pay and allowances. Beyond these immediate consequences, a conviction can have long-lasting impacts on the individual’s life. These collateral consequences may include:

Loss of military benefits, including retirement pay and healthcare.
Difficulty finding civilian employment due to a criminal record.
Mandatory registration as a sex offender can severely limit personal freedoms and future opportunities.
Social stigma and strained personal relationships.

The Importance of Legal Representation in Article 120 UCMJ Aggravated Sexual Contact by Force Cases

Being accused of Aggravated Sexual Contact by Force is a serious matter that requires immediate and effective legal representation. The complexities of military law and the severe consequences of a conviction make it crucial to have a knowledgeable military defense lawyer on your side. A skilled attorney can help navigate the legal process, develop a strong defense strategy, and protect your rights throughout the proceedings.

Contact Our Military Defense Lawyers Today for an Article 120 UCMJ Aggravated Sexual Contact by Force Case

Article 120 UCMJ Aggravated Sexual Contact by Force is a grave offense with far-reaching consequences. If you or a loved one is facing such charges, it is imperative to seek legal assistance promptly. Understanding the nature of the charge, the potential penalties, and the importance of experienced legal representation can make a significant difference in the outcome of your case.