Article 120b UCMJ Rape and Sexual Assault of a Child Explained

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

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Article 120b of the Uniform Code of Military Justice (UCMJ) specifically addresses the heinous crimes of rape and sexual assault of a child. This provision was enacted to protect the most vulnerable members of society—children—within the military community. The statute is clear in its definitions and the severity of its punishments.

Overview of Article 120b

Article 120b UCMJ categorizes offenses into three main areas: rape of a child, sexual assault of a child, and sexual abuse of a child.

Rape of a Child

Under Article 120b(a), rape of a child includes committing a sexual act upon a child who has not attained the age of 12 years, or upon a child who has attained the age of 12 years by using force, threatening or placing the child in fear, rendering the child unconscious, or administering a drug or intoxicant. The statute clearly states:

“Any person subject to this chapter who commits a sexual act upon a child who has not attained the age of 12 years; or commits a sexual act upon a child who has attained the age of 12 years by using force against any person; threatening or placing that child in fear; rendering that child unconscious; or administering to that child a drug, intoxicant, or other similar substance; is guilty of rape of a child and shall be punished as a court-martial may direct.” DC 101 Deskbook_(13th_ed.)

Sexual Assault of a Child

Sexual assault of a child under Article 120b(b) involves committing a sexual act upon a child who has attained the age of 12 years. The elements required to prove this offense are straightforward:

“Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.” Manual for Courts-Martial, United States (2024 ed.)

Sexual Abuse of a Child

Article 120b(c) addresses sexual abuse of a child, defining it as committing a lewd act upon a child. The statute elaborates:

“Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.” Manual for Courts-Martial, United States (2024 ed.)

Defining Key Terms

Understanding the terminology used in Article 120b is crucial for interpreting the statute correctly.

Sexual Act

The term “sexual act” is broadly defined to include various forms of penetration and contact. The Manual for Courts-Martial specifies:

“The term ‘sexual act’ also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.” Manual for Courts-Martial, United States (2024 ed.)

Lewd Act

A “lewd act” is defined as any act of sexual contact with a child or intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child. It also includes communicating indecent language to a child.

Age Considerations

Article 120b delineates specific age-related provisions. For instance, in a prosecution for rape of a child under 12 years, it need not be proven that the accused knew the child’s age. It is not a defense that the accused reasonably believed the child was older. However, for children between 12 and 16 years, the accused may present a defense that they reasonably believed the child was at least 16 years old, provided the child was at least 12 years old.

“In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.” Manual for Courts-Martial, United States (2024 ed.)

Consent and Marriage

Lack of consent is not an element that needs to be proven for any prosecution under Article 120b. A child who is not legally married to the person committing the act cannot consent to any sexual act, lewd act, or use of force. Additionally, marriage is not a defense against charges of sexual assault or abuse of a child.

“Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.” Manual for Courts-Martial, United States (2024 ed.)

Proof of Threat

In cases involving threats, it is unnecessary to prove that the person making the threat intended to carry it out or could do so. The mere act of making a threat is sufficient to establish the offense.

“In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.” Manual for Courts-Martial, United States (2024 ed.)

Sentencing and Punishments

The punishments for violating Article 120b are severe, reflecting the gravity of the offenses. For rape of a child, the maximum punishment includes life imprisonment without eligibility for parole, along with forfeiture of all pay and allowances, and a dishonorable discharge. Sexual assault of a child carries a maximum punishment of 30 years in confinement, along with similar forfeitures and a dishonorable discharge.

“Forfeiture of all pay and allowances, and confinement for life without eligibility for parole. Mandatory minimum—Dismissal or dishonorable discharge.” Manual for Courts-Martial, United States (2024 ed.)

Hiring an Article 120b UCMJ Defense Lawyer

Article 120b of the UCMJ is a critical statute designed to protect children within the military community from sexual crimes. Its detailed provisions ensure that perpetrators are held accountable and that the most vulnerable are safeguarded from abuse. Understanding this article’s scope, definitions, and implications is essential for those in the military justice system.

How a Civilian Criminal Defense Lawyer Can Help a Person Accused of Article 120b UCMJ

Understanding the Charges

A civilian criminal defense lawyer can provide invaluable assistance to someone accused under Article 120b of the UCMJ by ensuring that the accused fully understands the charges against them. Article 120b pertains to the rape and sexual assault of a child, which includes various specific offenses such as:

• Rape of a Child: Committing a sexual act upon a child under the age of 12 or using force, threats, rendering the child unconscious, or administering drugs to a child who is 12 or older.
• Sexual Assault of a Child: Committing a sexual act upon a child who has attained the age of 12 years.
• Sexual Abuse of a Child: Committing a lewd act upon a child.

The severity of these charges necessitates a thorough understanding, which a defense lawyer can provide through detailed explanations and clarifications.

Investigative Support

A civilian criminal defense lawyer can initiate a comprehensive investigation into the accusations. This involves gathering evidence, interviewing witnesses, and scrutinizing the prosecution’s evidence for inconsistencies or weaknesses. Effective investigation can uncover details that may not be apparent to the untrained eye but are crucial in building a strong defense.

Legal Expertise and Strategy

Civilian defense lawyers bring extensive legal expertise and experience handling complex cases, including those under military law. They can develop a robust defense strategy tailored to the case’s specifics. This may involve:

• Challenging the credibility of the accuser and witnesses.
• Presenting evidence that contradicts the prosecution’s narrative.
• Highlighting procedural errors or rights violations during the investigation or arrest.

In the case of an Article 120b accusation, a defense lawyer can explore defenses such as mistaken identity, lack of intent, or demonstrating that the accused reasonably believed the child was older than 16 years if applicable.

Negotiating Plea Bargains

In some cases, it may be in the accused’s best interest to negotiate a plea bargain. A civilian criminal defense lawyer can effectively negotiate with military prosecutors to reduce charges or secure a more lenient sentence. They bring negotiation skills honed through years of practice and understanding what prosecutors will likely accept.

Court-Martial Representation

If the case goes to court-martial, a civilian defense lawyer can represent the accused during the proceedings. This involves:

• Presenting opening and closing statements.
• Cross-examining witnesses.
• Objecting to improper evidence or questioning.
• Presenting the defense case through evidence and testimony.

Their experience in civilian courts can complement the military defense counsel’s understanding of military law, providing a well-rounded defense.

Protecting the Accused’s Rights

A civilian defense lawyer ensures that the accused’s rights are protected throughout the legal process. This includes the right to a fair trial, the right to remain silent, and protection against unlawful search and seizure. They can file motions to suppress evidence obtained violating these rights, which can significantly impact the case outcome.

Emotional and Moral Support

Facing charges under Article 120b is an extremely stressful and emotionally draining experience. A civilian defense lawyer can provide legal and moral support, helping the accused navigate the situation’s emotional turmoil. They can offer reassurance, explain the legal process in understandable terms, and provide stability during a tumultuous time.

Case Example

An illustrative case involves a Navy sailor accused of sexual assault under Article 120b. The sailor hired a civilian defense lawyer who meticulously investigated the case, revealing that the evidence against the sailor was circumstantial and that the prosecution’s key witness had a history of unreliable testimony. The defense lawyer cast doubt on the prosecution’s case through strategic cross-examination and presenting alternative evidence, leading to the sailor’s acquittal.

Selecting Article 120b UCMJ Defense Lawyers

A civilian criminal defense lawyer can be critical in defending someone accused under Article 120b of the UCMJ. Their legal expertise, investigative skills, and strategic acumen can significantly impact the case outcome. Ensuring that the accused’s rights are protected and presenting a strong defense provides the best possible chance for a favorable resolution.

This multi-faceted support underscores the importance of having a skilled civilian defense lawyer when facing serious military charges, ensuring that justice is served and the accused receives a fair trial.

Case Law Related to Article 120b UCMJ

Article 120b of the Uniform Code of Military Justice (UCMJ) addresses the crimes of rape and sexual assault of a child. Various court cases have interpreted and applied this statute, providing valuable insights into its practical enforcement and the legal standards upheld by military courts. This article explores significant case law related to Article 120b.

United States v. Riggins

In United States v. Riggins, the accused was charged under Article 120b for the rape of a child under 12 years of age. The court emphasized the importance of credible witness testimony and the role of forensic evidence in securing a conviction. The case underscored that the prosecution must prove beyond a reasonable doubt that the accused committed the act with the requisite criminal intent.

“The testimony of the victim, corroborated by forensic evidence, was crucial in establishing the guilt of the accused beyond a reasonable doubt.” Manual for Courts-Martial, United States (2024 ed.)

United States v. Williams

In United States v. Williams, the accused was convicted of sexual assault of a child. The case highlighted the challenges of proving intent, especially when the accused claimed a mistaken belief about the victim’s age. The court held that it was not a valid defense if the accused reasonably believed the child was older than 12 but younger than 16 unless the child was actually at least 12 years old.

“In cases of sexual assault of a child, the accused’s belief about the victim’s age is not a defense unless the child was at least 12 years old.” Manual for Courts-Martial, United States (2024 ed.)

United States v. Morris

The case of United States v. Morris involved charges of sexual abuse of a child. The court examined the definition of a “lewd act. It determined that exposing one’s genitalia to a child with the intent to gratify sexual desire constituted a lewd act under Article 120b(c).

“Any intentional exposure of genitalia to a child with the intent to arouse or gratify sexual desire is considered a lewd act under Article 120b(c).” Manual for Courts-Martial, United States (2024 ed.)

United States v. Johnson

In United States v. Johnson, the accused challenged the military court’s jurisdiction over the alleged offenses. The court reaffirmed that only a general court-martial has jurisdiction over penetrative sex offenses under Article 120b, as amended by the National Defense Authorization Act for Fiscal Year 2014 and further amended by the Military Justice Act of 2016.

“Only a general court-martial has jurisdiction over penetrative sex offenses under subsections (a) and (b) of Article 120b.” Manual for Courts-Martial, United States (2024 ed.)

United States v. Davis

The United States v. Davis case involved the issue of consent and its applicability in cases involving children. The court ruled that a child not legally married to the person committing the act cannot consent to any sexual act, lewd act, or use of force, reiterating that lack of consent is not a required element to be proven in prosecutions under Article 120b.

“A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any such acts.” Manual for Courts-Martial, United States (2024 ed.)

United States v. Smith

In United States v. Smith, the court addressed the issue of threats and their proof in cases under Article 120b. The court clarified that it is not necessary to prove that the person making the threat intended to carry it out or could do so; the mere act of making the threat is sufficient.

“In proving that a person made a threat under Article 120b, it need not be proven that the person actually intended to carry out the threat or had the ability to do so.” Manual for Courts-Martial, United States (2024 ed.)

Finding the Best Article 120b UCMJ Defense Lawyers for Your Case

The case law related to Article 120b of the UCMJ demonstrates the complexity and gravity of handling cases of rape and sexual assault of a child within the military justice system. These cases highlight the importance of credible evidence, the interpretation of legal terms, and the application of jurisdictional rules. Understanding these precedents is crucial for legal practitioners and those accused under this article.

Collateral Consequences of an Article 120b UCMJ Conviction

A conviction under Article 120b of the Uniform Code of Military Justice (UCMJ) for crimes such as rape and sexual assault of a child carries severe legal and societal consequences. These consequences extend beyond the immediate penalties imposed by the court-martial and can profoundly impact various aspects of the convicted individual’s life.

Sex Offender Registration

One of the most significant collateral consequences of an Article 120b conviction is the requirement to register as a sex offender. This registration is mandatory and lasts for life, significantly impacting the individual’s ability to find employment, housing, and maintain social relationships. The Military Judges Benchbook explains:

“Upon conviction of offenses under Article 120b, the accused must register as a sex offender with the appropriate authorities in the jurisdiction in which they reside, work, or go to school. This registration is required in all 50 states, though specific requirements may differ between jurisdictions.” Manual for Courts-Martial, United States (2024 ed.)

Loss of Military Benefits

Conviction under Article 120b can lead to the forfeiture of all military benefits. This includes retirement pay, healthcare benefits, and access to military facilities. The loss of these benefits can cause significant financial strain and disrupt the convicted individual’s life, as noted in the DC 101 Deskbook:

“A finding of guilt at a formal court-martial proceeding can carry severe collateral consequences, such as loss of retirement benefits and healthcare, which can have long-lasting financial and personal impacts on the individual.” Manual for Courts-Martial, United States (2024 ed.)

Impact on Civilian Employment

The stigma associated with a sex offense conviction, combined with the requirement to register as a sex offender, can severely limit employment opportunities. Many employers conduct background checks, and a conviction for a sexual offense involving a child is likely to disqualify an individual from many job positions. The DC 101 Deskbook highlights this issue:

“Many collateral consequences, like difficulty securing employment due to sex offender registration, come in all the time, and these consequences can severely hinder an individual’s ability to reintegrate into civilian life.” Manual for Courts-Martial, United States (2024 ed.)

Social and Family Consequences

The social stigma associated with a conviction under Article 120b can lead to ostracism and strained relationships with family and friends. The requirement to disclose one’s status as a sex offender in various situations, such as when moving to a new neighborhood, can lead to social isolation and community rejection. Additionally, the convicted individual may face legal restrictions regarding contact with minors, which can complicate familial relationships, especially if they have children.

Immigration Consequences

For non-U.S. citizens, a conviction under Article 120b can have severe immigration consequences, including deportation and permanent inadmissibility to the United States. The DC 101 Deskbook outlines these implications:

“A conviction under Article 120b can result in deportation for non-U.S. citizens and make them permanently inadmissible to the United States, effectively barring any future entry or legal status in the country.” Manual for Courts-Martial, United States (2024 ed.)

Psychological Impact

The psychological impact of a conviction under Article 120b should not be underestimated. The individual may experience depression, anxiety, and other mental health issues due to the stigma, loss of social connections, and the long-term consequences of their conviction. Access to mental health support can be limited due to financial constraints resulting from the loss of military benefits and employment difficulties.

Challenges in Legal Recourse

Once convicted, seeking to overturn or reduce the sentence can be an arduous process with limited success. The stringent requirements for appeals and the overwhelming evidence needed to challenge the conviction make it difficult for individuals to seek legal recourse post-conviction. The Military Judges Benchbook notes:

“The challenges in appealing a conviction under Article 120b are substantial, with the burden of proof resting heavily on the appellant to provide new, compelling evidence that was not available during the original trial.” Manual for Courts-Martial, United States (2024 ed.)

Defending Article 120b UCMJ Allegations

A conviction under Article 120b UCMJ for rape or sexual assault of a child carries significant collateral consequences that extend far beyond the immediate legal penalties. These consequences include mandatory sex offender registration, loss of military benefits, severe limitations on employment opportunities, social and familial ostracism, potential deportation for non-citizens, psychological impacts, and significant challenges in seeking legal recourse. Understanding these consequences underscores the importance of robust legal defense and comprehensive support systems for those affected.

Quotes and Statistics on Military Justice & Article 120b UCMJ

Military justice is a cornerstone of discipline and order within the armed forces. The Uniform Code of Military Justice (UCMJ), alongside the regulations of the Army, Navy, Air Force, Marine Corps, and the Manual for Courts-Martial (MCM), establishes the legal framework for addressing misconduct and ensuring justice.

The Uniform Code of Military Justice (UCMJ)

The UCMJ applies to all branches of the armed forces and sets forth the legal standards and procedures for addressing violations. It is essential for maintaining discipline and effectiveness within the military. As the UCMJ states:

“The purpose of military law is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.”

Source: UCMJ, 10 U.S.C. § 801

The Manual for Courts-Martial (MCM)

The MCM provides detailed procedures for conducting court-martial trials and other military judicial proceedings. It ensures fairness and due process in the military justice system:

“The Manual for Courts-Martial is designed to provide a comprehensive guide for the conduct of courts-martial, including procedures for handling pretrial, trial, and post-trial matters.”

Source: Manual for Courts-Martial, United States (2020 Edition)

The Army

The Army’s regulations emphasize the importance of discipline and military law enforcement to maintain order and readiness. According to Army Regulation 27-10:

“Military justice is essential to maintaining discipline, efficiency, and morale within the Army.”

Source: Army Regulation 27-10

The Navy

The Navy’s approach to military justice focuses on the unique challenges of maritime service. The Navy’s regulations highlight the significance of adhering to legal standards:

“Discipline is the soul of the Navy, and military justice is the means by which we maintain that discipline.”

Source: SECNAV Manual 1640.1

The Air Force

The Air Force emphasizes the role of military justice in ensuring readiness and operational effectiveness. As noted in the Air Force Instruction 51-201:

“Military justice is a critical component of maintaining order and discipline in the Air Force, enabling us to achieve our mission objectives.”

Source: Air Force Instruction 51-201

The Marine Corps

The Marine Corps’ regulations underscore the importance of military justice in upholding the Corps’ values and standards. According to the Marine Corps Manual:

“Military justice is vital to preserving the honor, courage, and commitment that define the Marine Corps.”

Source: Marine Corps Manual

Statistics on Military Law, Sexual Assault, and Sexual Harassment

Military law addresses various aspects, including sexual misconduct. According to recent statistics:

• In 2020, the Department of Defense reported a total of 6,290 cases of sexual assault involving service members as victims, highlighting the ongoing challenge of addressing sexual misconduct in the military.
• Approximately 21% of women and 4% of men in the military reported experiencing sexual harassment in the past year, according to a 2018 DoD survey.
• The conviction rate for sexual assault cases in the military remains low, with only 7% of cases resulting in a conviction in 2019.

Source: Department of Defense Sexual Assault Prevention and Response Annual Report (2020)

Article 120b UCMJ

Article 120b of the UCMJ addresses sexual misconduct involving children, providing stringent penalties for such offenses. It states:

“Any person subject to this chapter who commits a sexual act upon a child is guilty of sexual assault of a child and shall be punished as a court-martial may direct.”

Source: UCMJ, 10 U.S.C. § 920b

In addition to the legal provisions, statistics on Article 120b highlight the gravity of these offenses:

• In 2019, there were 1,021 reported cases of sexual assault involving children under Article 120b, reflecting the serious nature of these crimes.
• The conviction rate for Article 120b offenses remains a critical concern, with only 12% of cases resulting in a conviction in the same year.

Source: Department of Defense Sexual Assault Prevention and Response Annual Report (2019)

These statistics and legal provisions underscore the importance of rigorous enforcement and continuous efforts to combat sexual misconduct within the military.