Article 120 UCMJ Rape By Administering Drug or Intoxicant

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 120 UCMJ Rape By Administering Drug or Intoxicant? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

Note: This law applies only to Article 120 UCMJ Rape By Administering Drug or Intoxicant committed on and after 1 January 2019.

What is Article 120 UCMJ Rape By Administering Drug/Intoxicant/Other Similar Substance?

Rape by administering a drug, intoxicant, or similar substance is a grave offense under Article 120 of the UCMJ. This crime involves using substances to impair a person’s ability to consent, leading to non-consensual sexual acts. The consequences of a conviction are severe, including mandatory prison sentences, dishonorable discharge, and mandatory sex offender registration.

If accused, seeking the best military defense lawyers is crucial. Experienced Article 120 UCMJ lawyers can navigate the complexities of military law, challenge the prosecution’s evidence, and protect the accused’s rights, aiming to reduce or dismiss charges. Effective legal representation is vital to ensure the best possible outcome.

Note: the maximum and minimum punishments for Rape By Administering Drug/Intoxicant/Other Similar Substance Article 120 UCMJ vary depending on the date of the offense.

In the military, the crime of Rape By Administering Drug/Intoxicant/Other Similar Substance, Article 120 UCMJ, falls under the general offense category of Rape. 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 10 to 20 years and a dishonorable discharge. If convicted, the defendant must register as a Federal and State sex offender.

What are the Rape Offenses Under Article 120 UCMJ?

• Rape By Force, Article 120 UCMJ (Rape)
• Rape By Force Likely to Cause Death or Grievous Bodily Harm, Article 120 UCMJ (Rape)
• Rape By Threatening or Placing in Fear, Article 120 UCMJ (Rape)
• Rape By First Rendering Unconscious, Article 120 UCMJ (Rape)
• Rape By Administering Drug/Intoxicant/Other Similar Substance, Article 120 UCMJ (Rape)

What are the Maximum Punishments for Article 120 UCMJ Rape By Administering Drug or Intoxicant?

For offenses committed between 1 January 2019 and 27 December 2023:

• Life without eligibility for parole
• Total Forfeitures
• Reduction to E-1
• A Dishonorable Discharge or a Dismissal is a mandatory minimum sentence for this offense.
• Note: You must Register as a State & Federal Sex Offender
• Federal Felony Conviction

For Article 120 UCMJ Rape By Administering Drug or Intoxicant offenses committed after 27 December 2023

• Under the Sentencing Parameters, Rape by Force, Article 120 UCMJ is a Category 4 Offense
• Mandatory confinement ranges from 120-240 months (between 10 to 20 years)
• A Dishonorable Discharge or a Dismissal is a mandatory minimum sentence for this offense.
• Note: You must Register 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
• Federal Felony Conviction

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

Potential Collateral Consequences of a Conviction of Article 120 UCMJ Rape By Administering Drug or Intoxicant

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

What are the Elements of Article 120 UCMJ Rape By Administering Drug or Intoxicant?

1. That at or near (location), on or about (date), the accused committed a sexual act upon (victim) by (state the alleged sexual act); and
2. That the accused did so by administering to (victim) a drug, intoxicant, or other similar substance of (victim), thereby substantially impairing the ability of (victim) to appraise or control her conduct.

Sample Model Specification: Article 120 UCMJ Rape By Administering Drug or Intoxicant

In that SGT Ronald Don, 82nd Airborne Division, US Army, did, at or near Fort Liberty, NC, on or about 4 July 2024, commit a sexual act upon Jane Victim, by penetrating Jane Victim’s mouth with SGT Ronald Don’s penis, with an intent to arouse the sexual desire of SGT Ronald Don, by administering to Jane Victim without the knowledge or permission of Jane Victim a drug, to wit: Rohypnol, thereby substantially impairing the ability of Jane Victim to appraise or control her conduct.

Model Specification: Article 120 UCMJ Rape By Administering Drug or Intoxicant

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, commit a sexual act upon ______, by [penetrating ______’s (vulva) (anus) (mouth) with ______’s penis] [causing contact between _______’s mouth and ________’s (penis) (vulva) (scrotum) (anus)] [penetrating _______’s (vulva) (penis) (anus) with (______’s body part) (an object) to wit: ________, with an intent to [(abuse) (humiliate) (harass) (degrade) _________] [(arouse) (gratify) the sexual desire of _________]], by administering to __________ (by force) (by threat of force) (without the  knowledge or permission of __________) a (drug) (intoxicant) (list other similar substance), to wit: _____________, thereby substantially impairing the ability of _________ to appraise or control (his) (her) conduct.

What are the Definitions for Article 120 UCMJ Rape By Administering Drug or Intoxicant?

Marriage and Article 120 UCMJ Rape By Administering Drug or Intoxicant

Marriage is not a defense to any offense in violation of Article 120.

If necessary, include the following instruction: Marriage is not a defense to this offense.

“Sexual act” 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” 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 Rape By Administering Drug/Intoxicant/Other Similar Substance Article 120 UCMJ has Been Raised, then the Military Judge Will Give the Following Instruction:

The evidence has raised the issue of whether Jane Victim consented to the sexual conduct listed in Specification One of The Charge. All of the evidence concerning consent to the sexual conduct is relevant.

It 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” 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 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 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.

Military Defense Lawyers for Article 120 UCMJ Rape By Administering Drug or Intoxicant

If you are suspected or accused of Article 120 UCMJ Rape By Administering Drug/Intoxicant/Other Similar Substance, reach out to speak with one of our experienced military court martial lawyers to discuss your best defense strategy.

Introduction to Article 120 UCMJ Rape By Administering Drug or Intoxicant

Article 120 UCMJ Rape By Administering Drug or Intoxicant addresses various forms of sexual assault, including rape by administering a drug or intoxicant. This specific offense involves using drugs or intoxicants to render a person incapable of consenting to sexual activity. The military takes these offenses seriously due to their profound impact on victims and the necessity of maintaining good order and discipline within the ranks. This guide explores the elements of the offense, the collateral consequences of a conviction, and policy implications related to sexual assault in the military.

Basics of Article 120 UCMJ Rape By Administering Drug or Intoxicant

To secure a conviction for Article 120 UCMJ Rape By Administering Drug or Intoxicant, the prosecution must prove the following elements beyond a reasonable doubt:

• Administering a Substance: The accused administered a drug, intoxicant, or other similar substance to another person without their consent.
• Impairment of Capacity: The substance impaired the victim’s ability to appraise or control their conduct.
• Non-Consent: The accused engaged in a sexual act with the victim when the victim was incapable of consenting due to the impairment.
• Intent: The accused intended to engage in the sexual act by administering the substance to impair the victim’s capacity to consent.

Collateral Consequences of Article 120 UCMJ Rape By Administering Drug or Intoxicant Conviction

A conviction for rape by administering a drug or intoxicant under Article 120 has severe and far-reaching collateral consequences. These consequences extend beyond immediate legal penalties and can affect various aspects of the convicted individual’s life.

Sex Offender Registration for Article 120 UCMJ Rape By Administering Drug or Intoxicant

One of the most significant collateral consequences is the requirement to register as a sex offender. This involves several burdensome obligations and restrictions:

• Public Registry after Article 120 UCMJ Rape By Administering Drug or Intoxicant: The convicted individual will be listed on a public sex offender registry, accessible to the community, employers, and the general public.
• Residency Restrictions after Article 120 UCMJ Rape By Administering Drug or Intoxicant: Many jurisdictions impose restrictions on where registered sex offenders can live, often prohibiting residence near schools, parks, and other areas where children are present.
• Notification Requirements of Article 120 UCMJ Rape By Administering Drug or Intoxicant: Registered sex offenders must regularly update their personal information, such as address and employment, with local law enforcement.
• Travel Restrictions after Article 120 UCMJ Rape By Administering Drug or Intoxicant: Travel restrictions may exist, both within the country and internationally, requiring notification and sometimes permission from authorities.

These restrictions can severely limit personal freedom and mobility, leading to social isolation and difficulty in reintegrating into society.

Federal Felony Conviction for Article 120 UCMJ Rape By Administering Drug or Intoxicant

A federal felony conviction carries numerous additional consequences that can impact various aspects of life:

• Employment Challenges after Article 120 UCMJ Rape By Administering Drug or Intoxicant: Many employers conduct background checks and may be unwilling to hire individuals with a felony conviction, particularly for positions of trust or responsibility.
• Loss of Voting Rights after Article 120 UCMJ Rape By Administering Drug or Intoxicant: In many states, convicted felons lose their right to vote, either temporarily or permanently.
• Firearm Ownership after Article 120 UCMJ Rape By Administering Drug or Intoxicant: Federal law prohibits convicted felons from owning or possessing firearms, impacting personal security and recreational activities.
• Public Assistance after Article 120 UCMJ Rape By Administering Drug or Intoxicant: Felony convictions can result in the loss of eligibility for various forms of public assistance, including housing benefits and educational grants.
• Jury Service after Article 120 UCMJ Rape By Administering Drug or Intoxicant: Convicted felons are often disqualified from serving on juries, limiting civic participation.

Dishonorable Discharge for Article 120 UCMJ Rape By Administering Drug or Intoxicant

A dishonorable discharge is one of the most severe punitive discharges a service member can receive, with lasting repercussions:

• Loss of Military Benefits: Individuals with a dishonorable discharge lose all military benefits, including retirement pay, healthcare, and access to commissary and base facilities.
• Stigma: A dishonorable discharge carries a significant social stigma, affecting personal relationships and professional opportunities.
• Difficulty in Civilian Life: Transitioning to civilian life can be extremely challenging, as many employers view a dishonorable discharge unfavorably.

A dishonorable discharge combined with a federal felony conviction can create substantial barriers to finding stable employment and achieving financial stability. If convicted of Article 120 UCMJ Rape By Administering Drug or Intoxicant, then the accused will receive a mandatory dishonorable discharge or dismissal.

Confinement for Article 120 UCMJ Rape By Administering Drug or Intoxicant

Confinement as a result of a conviction for rape by administering a drug or intoxicant can vary in length but often involves several years of imprisonment:

• Loss of Freedom: Incarceration results in the loss of personal freedom and separation from family and community.
• Post-Release Challenges: Individuals released from confinement face significant challenges in re-entering society, including finding employment and housing.
• Psychological Impact: Long-term confinement can have lasting psychological effects, including depression, anxiety, and post-traumatic stress.

Policy Implications of Article 120 UCMJ Rape By Administering Drug or Intoxicant in the Military

Sexual assault in the military has profound policy implications, influencing how the armed forces address and prevent such offenses. The charge of Article 120 UCMJ Rape By Administering Drug or Intoxicant is one of the more serious UCMJ offenses. The prevalence of sexual assault within the military has led to significant public and congressional scrutiny, resulting in policy reforms aimed at improving the handling of these cases.

In recent years, Congress has taken several actions to address sexual assault in the military. These actions include:

• Legislative Reforms: Congress has enacted legislation to strengthen protections for victims, improve reporting procedures, and ensure accountability. Notable reforms include the Military Justice Improvement Act, which seeks to enhance the impartiality of investigations and prosecutions.
• Independent Investigations: Efforts have been made to establish independent bodies to investigate and adjudicate sexual assault cases, reducing potential conflicts of interest within the chain of command.
• Support Services: Increased funding and support for victim advocacy programs, counseling services, and legal assistance have been implemented to provide comprehensive support to survivors of sexual assault.
• Prevention Programs: The military has invested in training and education programs aimed at preventing sexual assault, promoting a culture of respect and accountability, and encouraging bystander intervention.

These policy changes reflect a broader commitment to addressing sexual violence within the military and ensuring that perpetrators are held accountable while supporting and protecting victims. The ongoing efforts to reform military justice procedures demonstrate the seriousness with which sexual assault is regarded and the importance of creating a safe and respectful environment for all service members. If you are accused of Article 120 UCMJ Rape By Administering Drug or Intoxicant, call our court martial lawyers today.

Article 120 UCMJ Rape By Administering Drug or Intoxicant Court Martial Attorneys

Article 120 UCMJ Rape By Administering Drug or Intoxicant’s provisions on rape by administering a drug or intoxicant highlight the military’s commitment to addressing serious sexual offenses and protecting service members from harm. The severe collateral consequences of a conviction, including sex offender registration, a federal felony record, a dishonorable discharge, and confinement, underscore the gravity of this offense. Understanding these consequences, along with the policy implications and congressional actions, is essential for comprehending the full impact of sexual assault in the military and the efforts to combat it.

Frequently Asked Questions

1- What does Article 120 UCMJ cover regarding rape by administering a drug or intoxicant? 

Article 120 of the UCMJ addresses the crime of rape when it involves administering a drug, intoxicant, or similar substance to impair or incapacitate the victim. This provision makes it a criminal offense to engage in sexual acts with someone who is rendered unable to consent due to the effects of such substances.

2- What constitutes “administering a drug or intoxicant” under Article 120? 

“Administering a drug or intoxicant” means intentionally giving, or causing to be given, a substance to a person without their knowledge or consent, or with the intent to impair their ability to consent. This can include putting the substance in the victim’s drink or food, or using other means to administer the drug or intoxicant.

3- How is “rape” defined in the context of Article 120? 

Under Article 120, “rape” involves engaging in a sexual act with another person without their consent. When a drug or intoxicant is used, the lack of consent is due to the victim being incapacitated or impaired by the substance, making them unable to understand or control their actions.

4- What types of substances are covered by this article? 

Article 120 covers any drug, intoxicant, or similar substance that impairs the victim’s ability to give consent. This includes prescription medications, illegal drugs, alcohol, or any other substances that can affect mental or physical faculties.

5- What are the legal elements that must be proven to establish rape by administering a drug or intoxicant under Article 120? 

To establish the offense, the following elements generally must be proven:

• The accused administered a drug, intoxicant, or similar substance to the victim.
• The substance impaired the victim’s ability to consent.
• The accused engaged in a sexual act with the victim without their valid consent.

6- What are the potential penalties for a conviction under Article 120 for rape by administering a drug or intoxicant? 

Penalties for a conviction can be severe and may include confinement, reduction in rank, forfeiture of pay, and a dishonorable discharge from the military. The exact penalties depend on the case’s specifics and the court-martial’s findings.

7- What is the legal process for prosecuting an offense under Article 120 involving a drug or intoxicant? 

The process begins with an investigation by military law enforcement to gather evidence. If sufficient evidence is found, charges are preferred and referred to a court-martial. The accused has the right to a defense attorney and a fair trial, where evidence is presented, and both sides make their cases according to UCMJ procedures.

8- What defenses might be available for someone accused of rape by administering a drug or intoxicant under Article 120? 

Defenses might include arguing that the substance was not administered by the accused, challenging the claim that the substance impaired the victim’s ability to consent, or proving that the sexual act was consensual. Each case will be unique, and defenses will depend on the specific facts and evidence.

9- How does rape by administering a drug or intoxicant under Article 120 differ from other sexual offenses under the UCMJ? 

Rape by administering a drug or intoxicant specifically involves the use of a substance to impair the victim’s ability to consent. Other sexual offenses under Article 120 may involve different elements such as force, coercion, or lack of consent due to age or incapacity but without the use of a drug or intoxicant.