Article 120 UCMJ Aggravated Sexual Contact by Force

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 120 UCMJ Aggravated Sexual Contact by Force? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

“Your career, reputation, and even your freedom hang in the balance. A single misstep could derail everything you’ve worked for. This isn’t just a legal matter; it’s a fight for your future.” (Michael Waddington, Military Defense Lawyer).

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. Manual for Courts-Martial, United States (2024 ed.)

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. Manual for Courts-Martial, United States (2024 ed.)

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?

1. 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

2. That the accused did so by using unlawful force against (victim). Manual for Courts-Martial, United States (2024 ed.)

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. Manual for Courts-Martial, United States (2024 ed.)

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

• Aggravated Sexual Contact by Force, Article 120 UCMJ
• Aggravated Sexual Contact by Force Likely to Cause Death or Grievous Bodily Harm, Article 120 UCMJ
• Aggravated Sexual Contact by Threatening or Placing That Other Person in Fear That Any Person Would Be Subjected to Death, Grievous Bodily Harm, or Kidnapping, Article 120 UCMJ
• Aggravated Sexual Contact by First Rendering That Other Person Unconscious, Article 120 UCMJ
• Aggravated Sexual Contact by Administering a Drug, Intoxicant, or Other Similar Substance, 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. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

• Maximum Punishments for UCMJ Offenses 2024: Combined UCMJ Punishments Chart
• UCMJ Lesser Included Offenses Chart 2024 UCMJ

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

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

• 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. Manual for Courts-Martial, United States (2024 ed.)

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” under Article 120 UCMJ Aggravated Sexual Contact by Force means an act of force done without legal justification or excuse.

“Force” under Article 120 UCMJ Aggravated Sexual Contact by 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” under Article 120 UCMJ Aggravated Sexual Contact by Force means:

1. the penetration, however slight, of the penis into the vulva or anus or mouth;
2. contact between the mouth and the penis, vulva, scrotum, or anus; or
3. 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” under Article 120 UCMJ Aggravated Sexual Contact by Force is the external genital organs of the female, including the entrance of the vagina and the labia majora and labia minora. “Labia” under Article 120 UCMJ Aggravated Sexual Contact by Force 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.

1. 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).
2. Second, evidence of the alleged victim’s consent to the sexual conduct might be introduced concerning any aggravated sexual contact allegation to negate the elements of the offense.
3. 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.
4. 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 administering 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.

Article 120 UCMJ Aggravated Sexual Contact by Force Reporting Data

“In APY 22-23, there were several reports of aggravated sexual contact involving cadets, midshipmen, and prep students, indicating a persistent issue within military academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 10

“The number of aggravated sexual contact reports remained a critical component of the overall sexual misconduct data, despite a general decrease in reports.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8

Demographics and Trends on Article 120 UCMJ Aggravated Sexual Contact by Force

“Most victims in investigations of aggravated sexual contact are female, which is consistent with trends observed in other forms of sexual misconduct.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“Incidents of aggravated sexual contact primarily involved subjects aged 16-24, reflecting the demographic majority within the military academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

Military Justice Outcomes and Article 120 UCMJ Aggravated Sexual Contact by Force

“By the end of APY 22-23, multiple cases of aggravated sexual contact had advanced to military justice proceedings, underscoring the serious nature of these offenses.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“Aggravated sexual contact cases resulted in a range of disciplinary actions, including court-martial charges, nonjudicial punishment, and administrative discharges.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 16

Statistics on Article 120 UCMJ Aggravated Sexual Contact by Force

“In APY 22-23, 21 cases of aggravated sexual contact were reported, highlighting the ongoing challenges in addressing this type of misconduct.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“Aggravated sexual contact constituted a significant portion of the 65 Unrestricted Reports of sexual assault made in APY 22-23.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“The majority of aggravated sexual contact reports involved academy students both as victims and perpetrators, underscoring the internal challenges within the academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 10

“Among the 65 Unrestricted Reports, 31 involved an academy student alleging sexual assault by another academy student, including aggravated sexual contact.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

Additional Quotes on Article 120 UCMJ Aggravated Sexual Contact by Force

“The investigation and adjudication of aggravated sexual contact cases are crucial to maintaining discipline and safety within military academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“Aggravated sexual contact offenses are treated with utmost seriousness, resulting in various legal and administrative actions against the perpetrators.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 16

“Efforts to address aggravated sexual contact include comprehensive investigations and support for victims to ensure justice and accountability.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“The prevalence of aggravated sexual contact within military academies remains a significant concern, necessitating ongoing preventive and corrective measures.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

Sexual Abuse in the US Military: The Fight Against Article 120 UCMJ Aggravated Sexual Contact by Force

Sexual abuse within the US military is a pervasive issue that affects both male and female service members. Despite numerous initiatives and policies aimed at preventing such incidents, sexual abuse remains a significant problem. This article explores the impacts of sexual abuse in the military, the ongoing fight against it, and the challenges that persist.

The Impact of Sexual Abuse in the US Military

Sexual abuse within the military has far-reaching consequences for victims, including severe psychological and physical trauma. Victims often suffer from post-traumatic stress disorder (PTSD), depression, anxiety, and other mental health issues. The stigma and fear of retaliation often prevent victims from reporting the abuse, exacerbating their trauma. Research indicates that sexual abuse in the military is not only a persistent problem but also one that is deeply ingrained in military culture. Socialization processes within the military often trivialize sexual harassment and assault, making it difficult to eradicate these behaviors.

“Despite increasing efforts to end this intraforce violence, sexual assault of women persists at levels comparable to those in the civilian population and significantly higher than that of other crimes.” Wood & Toppelberg, 2017

The Fight Against Sexual Abuse and Article 120 UCMJ Aggravated Sexual Contact by Force

The Department of Defense (DoD) and other military branches have implemented various initiatives to combat sexual abuse. These initiatives include mandatory training programs, support services for victims, and changes to the Uniform Code of Military Justice (UCMJ) to ensure stricter penalties for perpetrators.

Legislative and Policy Changes

Legislative changes have been pivotal in addressing sexual abuse within the military. Reforms to the UCMJ and the establishment of the Sexual Assault Prevention and Response Office (SAPRO) are significant steps towards creating a safer environment for service members.

“Congress and the Department of Defense have proposed reforms that focus on changes to the criminal justice system under the Uniform Code of Military Justice (UCMJ) in addition to tactical safety and informational efforts for prevention and response.” Woods, 2014

Training and Prevention Programs

Training programs are a critical component of the military’s strategy to prevent sexual abuse. These programs aim to educate service members about recognizing, preventing, and responding to sexual assault. Comprehensive training has been shown to improve knowledge about sexual assault resources and protocols, although the effectiveness of these programs varies.

“Exposure to comprehensive training predicted lower sexual assault incidence and superior knowledge.” Holland et al., 2014

Support Services for Victims

Support services are essential for helping victims cope with the aftermath of sexual abuse. These services include counseling, medical treatment, and legal assistance. However, many victims face challenges in accessing these services due to fear of retaliation or a lack of trust in the system.

“Many victims receive inadequate medical treatment or education. They face a decreased quality of life, high morbidity and mortality rates, and economic losses.” Valente & Wight, 2007

Challenges and Future Directions

Despite these efforts, significant challenges remain. The military culture, characterized by strict hierarchies and a code of silence, often hinders progress. Victims fear retaliation and social ostracism, which discourages reporting and seeking help. Additionally, the effectiveness of prevention programs needs continuous evaluation and improvement. To address these challenges, fostering a culture of accountability and support within the military is crucial. This includes providing robust support systems for victims, ensuring transparent investigations, and holding perpetrators accountable. Furthermore, continuous training and education are necessary to change attitudes and behaviors regarding sexual abuse.

“Sexual assault continues to be a problem within the armed forces. And, although the military has recently implemented many new programs and prevention efforts, there continues to be a need for change within the military in order to reduce sexual victimization and perpetration.” Turchik & Wilson, 2010

Conclusion on Article 120 UCMJ Aggravated Sexual Contact by Force

Sexual abuse within the US military is a complex and persistent issue that requires multifaceted solutions. Legislative reforms, comprehensive training programs, and robust support services are essential components of the fight against sexual abuse. However, addressing the deep-rooted cultural issues within the military is equally crucial for creating a safe and supportive environment for all service members.