Article 120 UCMJ Sexual Assault By Fraudulent Representation

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

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

What is Article 120 UCMJ Sexual Assault By Fraudulent Representation?

Sexual assault by fraudulent representation under Article 120 UCMJ involves the accused deceiving the victim into a sexual act by falsely representing that it serves a professional purpose. This serious offense can lead to severe penalties, including significant confinement, dishonorable discharge, and mandatory sex offender registration. Those facing such allegations should promptly seek assistance from the best military defense lawyers to navigate the complexities of the military justice system and protect their rights.

Accusations of this nature carry significant legal and personal consequences. The complexities of military law require a deep understanding of the UCMJ and court-martial procedures. The best military defense lawyers can meticulously examine the evidence, identify weaknesses in the prosecution’s case, and develop a robust defense strategy. They provide crucial support, ensuring the accused’s rights are safeguarded and striving for the most favorable outcome.

By enlisting experienced Article 120 UCMJ lawyers, individuals accused of sexual assault by fraudulent representation can significantly enhance their defense. These professionals are equipped to handle the intricacies of such cases, offering guidance and representation that can make a profound difference in the trial’s outcome. With their assistance, the accused can better navigate the legal challenges and work towards preserving their future.

Note: The maximum and minimum punishments for UCMJ Article 120 Sexual Assault By Fraudulent Representation (Sexual Assault) vary depending on the date of the offense.

In the military, the crime of UCMJ Article 120, Sexual Assault By Fraudulent Representation, falls under the general offense category of Sexual Assault. 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) and a Dishonorable Discharge or Dismissal. If convicted, the defendant must register as a Federal and State sex offender.

What are the Sexual Assault Offenses Under Article 120 UCMJ?

What are the Maximum Punishments for Article 120 UCMJ Sexual Assault By Fraudulent Representation?

For Article 120 UCMJ Sexual Assault By Fraudulent Representation committed between 1 January 2019 and 27 December 2023:

30 Years of Confinement
Total Forfeitures
Reduction to E-1
A Dishonorable Discharge or a Dismissal is a mandatory minimum sentence for this offense.
Note: Registration as a State & Federal Sex Offender
Federal Felony Conviction

For Article 120 UCMJ Sexual Assault By Fraudulent Representation committed after 27 December 2023

Under the Sentencing Parameters, Sexual Assault By Fraudulent Representation, Article 120 UCMJ (Sexual Assault) is a Category 3 Offense
Mandatory confinement ranges from 30-120 months (Between 2 years and 6 months to 10 years)
A Dishonorable Discharge or a Dismissal is a mandatory minimum sentence for this offense.
Note: 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
Federal Felony Conviction

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 Sexual Assault By Fraudulent Representation

A military member convicted of Sexual Assault By Fraudulent Representation, Article 120 UCMJ, must register as a sex offender. A registered sex offender may suffer the following collateral consequences:

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 Sexual Assault By Fraudulent Representation?

That at or near (location), on or about (date), the accused committed a sexual act upon (victim) by (state the alleged sexual act); and
That the accused did so by making a fraudulent representation that the sexual act served a professional purpose.

Sample Model Specification: Article 120 UCMJ Sexual Assault By Fraudulent Representation

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 vulva with SGT Ronald Don’s penis, with an intent to gratify the sexual desire of SGT Ronald Don, by making a fraudulent representation that the sexual act served a professional purpose, to wit: as part of a required Airborne physical examination.

Model Specification: Article 120 UCMJ Sexual Assault By Fraudulent Representation

In that _________ (personal jurisdiction data), did (at/on board—location), on or about _________20__, 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 making a fraudulent representation that the sexual act served a professional purpose, to wit:_______________.

What are the Definitions for Article 120 UCMJ Sexual Assault By Fraudulent Representation (Sexual Assault)?

What is Fraudulent Representation in an Article 120 UCMJ Sexual Assault By Fraudulent Representation Case?

When the sexual act is alleged by making a fraudulent representation that it serves a professional purpose, the following may be appropriate:

A “fraudulent representation” is a representation of fact that the accused knows to be untrue, which is intended to deceive, which does, in fact deceive, and which causes the other person to engage in the sexual act(s).

The fraudulent representation that the sexual act served a professional purpose need not have been made by the accused to (Jane Victim). It is sufficient if the accused made such a fraudulent representation to any person, which thereby caused (Jane Victim) to engage in the sexual act.

Marriage and Article 120 UCMJ Sexual Assault By Fraudulent Representation

Marriage is not a defense to any offense in violation of Article 120 UCMJ Sexual Assault By Fraudulent Representation (Sexual Assault).

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 Sexual Assault By Fraudulent Representation (Sexual Assault) 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 The 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 and Article 120 UCMJ Sexual Assault By Fraudulent Representation

“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 Sexual Assault By Fraudulent Representation Military Defense Lawyers

If you are suspected or accused of Article 120 UCMJ Sexual Assault By Fraudulent Representation (Sexual Assault), reach out to speak with one of our experienced military court martial lawyers to discuss your best defense strategy.

Background of Article 120 UCMJ Sexual Assault By Fraudulent Representation

Article 120 of the Uniform Code of Military Justice (UCMJ) addresses various forms of sexual misconduct within the military. Sexual assault by fraudulent representation specifically refers to situations where consent to a sexual act is obtained through deception or misrepresentation. This article aims to protect service members from being manipulated into non-consensual sexual acts under false pretenses.

Basics of Article 120 UCMJ Sexual Assault By Fraudulent Representation

To secure a conviction for Article 120 UCMJ Sexual Assault By Fraudulent Representation, the prosecution must prove the following elements beyond a reasonable doubt:

Sexual Act: The accused engaged in a sexual act with another person.
Fraudulent Representation: The accused obtained the other person’s consent to the sexual act through a fraudulent representation that was intended to deceive.
Lack of True Consent: The consent obtained was invalid because it was based on a fraudulent representation.

Collateral Consequences of Article 120 UCMJ Sexual Assault By Fraudulent Representation Conviction

A conviction for Article 120 UCMJ Sexual Assault By Fraudulent Representation can have numerous collateral consequences, including:

Difficulty obtaining civilian employment due to the nature of the conviction and the discharge status
Loss of military benefits, including retirement pay, VA benefits, and healthcare
Significant damage to personal and professional reputation
Mandatory registration as a sex offender
Potential civil lawsuits from the victim for damages

Purpose of Article 120 UCMJ Sexual Assault By Fraudulent Representation

The primary purpose of penalizing sexual assault by fraudulent representation under Article 120 is to uphold the principles of consent and integrity within the military. This law serves to:

Protect service members from being deceived into non-consensual sexual acts
Maintain a safe and respectful environment within the military
Deter potential offenders by emphasizing the severe consequences of such actions
Ensure the integrity and discipline necessary for military readiness and effectiveness

Frequently Asked Questions

1- What does Article 120 UCMJ cover in terms of sexual assault by fraudulent representation?

Article 120 of the UCMJ, concerning sexual assault by fraudulent representation, criminalizes situations where an individual obtains consent for a sexual act through fraudulent means. This involves deceiving the victim about an important fact or identity to gain consent for the sexual activity.

2- What is meant by “fraudulent representation” in this context?

“Fraudulent representation” refers to knowingly making false statements or presenting misleading information to induce someone to consent to a sexual act. This can involve misrepresenting one’s identity, marital status, professional credentials, or other significant aspects to deceive the victim.

3- How is “consent” defined under Article 120 in cases of fraudulent representation?

Consent is defined as a knowing, voluntary, and affirmative agreement to engage in a sexual act. Under Article 120, if consent is obtained through fraud—such as lying about one’s identity or intentions—the consent is considered invalid. Therefore, the act is classified as sexual assault.

4- What constitutes an “important fact” that might be fraudulently represented?

An “Important fact” is any significant detail or characteristic that, if known, would likely influence a person’s decision to consent to a sexual act. This can include but is not limited to, one’s identity, relationship status, occupation, or other personal details that are material to the nature of the consent.

5- What are the potential penalties for a conviction under Article 120 for sexual assault by fraudulent representation?

Penalties for sexual assault by fraudulent representation 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 specifics of the case and the court-martial’s findings.

6- What is the legal process for prosecuting a case under Article 120 for fraudulent representation?

The process begins with an investigation by military law enforcement to gather evidence. If sufficient evidence supports the allegations, charges are preferred and may be 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.

7- Are there defenses available for someone accused of sexual assault by fraudulent representation under Article 120?

Defenses may include arguing that the consent was not obtained through fraudulent means, challenging the credibility of the evidence, or proving that the alleged representation did not constitute fraud. Each defense will depend on the specific facts of the case and the evidence presented.

8- How does sexual assault by fraudulent representation under Article 120 differ from other sexual assault offenses in the UCMJ?

Sexual assault by fraudulent representation specifically involves deceit to gain consent. Other offenses under Article 120 may involve different elements, such as force, coercion, or inability to consent due to incapacity or age. The fraudulent representation focuses on the deception aspect as a key factor in invalidating consent.

9- Where can one find more information about Article 120 UCMJ?

Detailed information can be found in the UCMJ text itself, through military legal assistance offices, or by consulting a military attorney. The Department of Defense and various military justice training resources also provide detailed explanations of the UCMJ provisions.

10- Are there support resources available for victims involved in cases under Article 120?

Yes, victims have access to support resources including counseling, legal assistance, and advocacy services. Military victim advocates and civilian organizations can provide support throughout the legal process and connect victims with additional resources.