Rape By Force Article 120 UCMJ – Military Defense Lawyers

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Rape By Force Article 120 UCMJ? 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 Rape offenses committed on and after 1 January 2019.

What is Rape By Force Article 120 UCMJ?

Rape by force under Article 120 UCMJ is one of the most serious offenses in the military justice system, carrying severe penalties, including mandatory minimum sentences of 10 to 20 years in prison, dishonorable discharge, and mandatory sex offender registration. Convictions can also lead to life without parole and total forfeitures for offenses committed between January 1, 2019, and December 27, 2023.

Given the gravity of these consequences, it is crucial for those accused to seek legal representation from the best military defense lawyers. Experienced Article 120 UCMJ lawyers are adept at navigating the complexities of military law, scrutinizing evidence, and crafting robust defense strategies to protect the rights and futures of the accused.

Facing such accusations demands immediate legal assistance. The best military defense lawyers understand the intricate court-martial procedures and can provide critical guidance through the entire process. They tirelessly challenge the prosecution’s case to disprove allegations or minimize penalties. With significant reputational, professional, and personal stakes on the line, hiring skilled Article 120 UCMJ lawyers ensures that the accused receives a fair defense and the best possible outcome.

Note: The maximum and minimum punishments for Rape By Force Article 120 UCMJ vary depending on the date of the offense.

In the military, the crime of Rape By Force 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. Manual for Courts-Martial, United States (2024 ed.)

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 is the Maximum Punishment for Rape By Force Article 120 UCMJ (Rape)?

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.
• Federal Felony Conviction
• Note: You must Register as a State & Federal Sex Offender

For 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 Rape By Force Article 120 UCMJ

• 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 Rape By Force Article 120 UCMJ (Rape)?

(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 using unlawful force against (victim). Manual for Courts-Martial, United States (2024 ed.)

Sample Model Specification: Rape By Force Article 120 UCMJ (Rape):

In that, SGT Ronald Don, 82nd Airborne Division, US Army, did, at or near Fort Liberty, NC, on or about 21 June 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 using unlawful force.

Model Specification: Rape By Force Article 120 UCMJ (Rape):

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 using unlawful force.

What are the Definitions for Rape By Force Article 120 UCMJ?

By unlawful force and under Rape By Force Article 120 UCMJ and Rape By Force Article 120 UCMJ. When the sexual act is alleged by unlawful force, include the following instructions: “Unlawful force” under Rape By Force Article 120 UCMJ means an act of force done without legal justification or excuse.

“Force” under Rape By Force Article 120 UCMJ 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. Manual for Courts-Martial, United States (2024 ed.)

Marriage and under Rape By Force Article 120 UCMJ. Marriage is not a defense to any offense in violation of Article 120. If necessary, include the following instruction in Rape By Force Article 120 UCMJ cases: Marriage is not a defense to this offense. “Sexual act” under Rape By Force Article 120 UCMJ 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 Rape By Force Article 120 UCMJ  is the external genital organs of the female, including the entrance of the vagina and the labia majora and labia minora. “Labia” under Rape By Force Article 120 UCMJ is the Latin and medically correct term for “lips.”

If Evidence of Consent to Rape By Force 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” under Rape By Force Article 120 UCMJ 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 persongave consent. Manual for Courts-Martial, United States (2024 ed.)

Examples of Conduct Violating Article 120 UCMJ:

1. Physical Restraint: Forcing someone to engage in sexual activity by using physical restraint constitutes Rape By Force Article 120 UCMJ. The victim is unable to escape or resist due to being physically overpowered. This act disregards the victim’s autonomy and causes severe trauma. A military defense lawyer could argue lack of evidence of force or consent given under different circumstances.
2. Threats of Violence: Using threats of violence to coerce someone into sexual activity is a violation of Rape By Force Article 120 UCMJ. The victim complies out of fear for their safety. Such threats can be verbal or implied through actions. A military defense lawyer could challenge the credibility of the threats or argue the absence of corroborating evidence.
3. Use of a Weapon: Employing a weapon to intimidate or force someone into sexual intercourse violates Rape By Force Article 120 UCMJ. The presence of a weapon creates an overwhelming fear and compulsion. This act exacerbates the violence and trauma experienced by the victim. A military defense lawyer might scrutinize the alleged use of the weapon and examine inconsistencies in testimonies.
4. Drugging the Victim: Administering drugs to incapacitate a person and engage in non-consensual sex constitutes Rape By Force Article 120 UCMJ. The victim is rendered unconscious or unable to resist. This conduct exploits the victim’s vulnerability. A military defense lawyer could question the source and timing of the drugs or argue voluntary consumption without intent of incapacitation.
5. Overpowering with Physical Force: Overpowering someone with sheer physical strength to force sexual intercourse is a clear violation of Rape By Force Article 120 UCMJ. The victim’s resistance is overcome through brute force. This results in physical and psychological harm. A military defense lawyer might argue the presence of mutual physical engagement without forceful intent or misinterpretation of consensual activities.
6. Confinement or Abduction: Confining or abducting someone to force sexual activity is a violation of Rape By Force Article 120 UCMJ. The victim is deprived of the ability to escape or seek help. This act is a severe form of control and domination. A military defense lawyer could argue against the voluntariness of confinement or dispute the circumstances of abduction.
7. Sexual Activity During Physical Restraint: Engaging in sexual acts while the victim is physically restrained (e.g., tied up) violates Rape By Force Article 120 UCMJ. The restraint prevents any form of resistance. This conduct deeply violates personal autonomy. A military defense lawyer might argue the restraint was consensual or part of agreed-upon activities.
8. Intimidation with Physical Harm: Intimidating someone with the threat of immediate physical harm to force sexual intercourse constitutes Rape By Force Article 120 UCMJ. The victim complies out of fear for their well-being. This use of intimidation is a severe abuse of power. A military defense lawyer could question the immediacy and credibility of the threats or highlight inconsistencies in the victim’s account.
9. Non-Consensual Physical Restraint: Physically restraining a victim without their consent to perform sexual acts violates Rape By Force Article 120 UCMJ. The victim is deprived of their freedom to resist or flee. This results in significant trauma and violation. A military defense lawyer might argue the restraint was misunderstood or consensual under different contexts.
10. Forced Sexual Acts in an Unconscious State: Engaging in sexual activity with someone who is unconscious violates Rape By Force Article 120 UCMJ. The victim is incapable of giving consent or resisting. This act exploits the victim’s vulnerability. A military defense lawyer could contest the state of unconsciousness or argue the absence of intent to exploit.
11. Threats to Family Members: Coercing someone into sexual acts by threatening harm to their family violates Rape By Force Article 120 UCMJ. The victim complies to protect their loved ones. This form of coercion is manipulative and abusive. A military defense lawyer might challenge the credibility and severity of the threats or argue the lack of evidence linking threats to the act.
12. Blackmail: Using sensitive information to coerce someone into sexual acts constitutes Rape By Force Article 120 UCMJ. The victim is forced to comply to avoid exposure or harm. This exploitation is deeply manipulative. A military defense lawyer could argue the lack of direct linkage between blackmail and the sexual act or question the authenticity of the information used for blackmail.
13. Forced Penetration with Objects: Forcing penetration with objects against someone’s will violates Rape By Force Article 120 UCMJ. The act is non-consensual and physically invasive. This causes severe physical and emotional trauma. A military defense lawyer might argue the act was consensual or dispute the interpretation of the event.
14. Threat of Reprisal in Workplace: Threatening job loss or demotion to coerce sexual acts violates Rape By Force Article 120 UCMJ. The victim feels compelled to comply to secure their career. This abuse of power is highly unethical. A military defense lawyer could question the link between the threat and the sexual act or argue that the actions were not coercive.
15. Forced Oral Sex: Compelling someone to perform oral sex through physical force or threats is a violation of Rape By Force Article 120 UCMJ. The victim is unable to resist or escape. This act is degrading and traumatic. A military defense lawyer might challenge the evidence of force or argue the act was consensual under different contexts.

Selecting the Best UCMJ Article 120 Military Defense Lawyers

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

Introduction to Rape By Force Article 120 UCMJ

Article 120 of the Uniform Code of Military Justice (UCMJ) addresses various forms of sexual misconduct, including Rape By Force Article 120 UCMJ. This offense is taken extremely seriously within the military justice system due to its severe nature and the significant impact it has on victims and unit cohesion. This article provides a comprehensive understanding of Article 120 UCMJ Rape by Force, including the elements of the offense, potential punishments, collateral consequences, and the broader implications for both the victim and the accused.

Basics of Rape By Force Article 120 UCMJ

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

• Sexual Act: The accused committed a sexual act upon another person. This can involve penetration, however slight, of the genital or anal opening of another person by any part of the body or by any object, or contact between the mouth and the genitalia or anus.
• Use of Force: The sexual act was committed by using unlawful force against the victim. “Force” refers to the use of physical violence or strength to overcome, restrain, or injure the victim, or to coerce or compel the victim to engage in the sexual act.
• Lack of Consent: The sexual act occurred without the consent of the victim. Consent must be given voluntarily and may be withdrawn at any time. Lack of consent can be inferred from circumstances and does not require verbal denial.

Collateral Consequences of a Rape By Force Article 120 UCMJ Conviction

A conviction for rape by force under Article 120 UCMJ has numerous collateral consequences that extend beyond the immediate legal penalties:

• Sex Offender Registration and Rape By Force Article 120 UCMJ: The convicted individual will be required to register as a sex offender, which involves being listed on public sex offender registries, regular reporting to law enforcement, and restrictions on residency and employment.
• Employment Challenges of Rape By Force Article 120 UCMJ: Finding civilian employment can be extremely difficult for registered sex offenders, especially those with a dishonorable discharge. Many employers are hesitant to hire individuals with such a conviction.
• Loss of Military Benefits from Rape By Force Article 120 UCMJ: Convicted individuals typically lose all military benefits, including retirement pay, healthcare benefits, and access to military facilities.
• Social Stigma of Rape By Force Article 120 UCMJ: The social stigma attached to being a registered sex offender can lead to isolation, harassment, and difficulties in maintaining personal relationships.
• Legal Restrictions after Rape By Force Article 120 UCMJ: Convicted sex offenders may face various legal restrictions, including limits on internet usage, travel, and contact with minors.

Potential Impacts on a Victim of a Proven Rape By Force Article 120 UCMJ Charges

The impact of rape by force on a victim can be profound and long-lasting. Victims may experience a range of emotional, psychological, and physical effects, including:

• Emotional Trauma of Rape By Force Article 120 UCMJ: Feelings of shame, guilt, and anxiety are common among victims of rape. These feelings can persist into adulthood and affect all areas of life.
• Psychological Issues of Rape By Force Article 120 UCMJ: Victims may develop mental health conditions such as depression, post-traumatic stress disorder (PTSD), and other anxiety disorders.
• Physical Health Problems: Rape can lead to physical injuries and long-term health issues, including sexually transmitted infections (STIs) and reproductive health problems.
• Behavioral Changes: Victims may exhibit changes in behavior, such as withdrawal from social activities, difficulty in school or work, and increased risk-taking behaviors.
• Relationship Difficulties after Rape By Force Article 120 UCMJ: Trust issues and difficulties in forming healthy relationships are common among survivors of rape.

Legal Defenses for Rape By Force Article 120 UCMJ

Accused individuals have the right to present a defense against charges of rape by force. Common defenses include:

• Consent in Rape By Force Article 120 UCMJ: The defense may argue that the sexual act was consensual. However, this defense can be challenging and must be supported by credible evidence.
• Mistaken Identity in Rape By Force Article 120 UCMJ: The defense may argue that the accused was not the individual who committed the offense.
• False Accusations: The defense may present evidence suggesting that the accusations are false or motivated by ulterior motives.
• Lack of Force: The defense may argue that no force was used or that the force used was not unlawful or sufficient to overcome the victim’s will.
• Alibi: The defense may provide evidence that the accused was not present at the alleged crime scene.

Importance of Legal Representation in Rape By Force Article 120 UCMJ Cases

Given the serious nature of the charges and the severe consequences of a conviction, it is crucial for individuals accused of Rape By Force Article 120 UCMJ to seek experienced legal representation. A qualified military defense attorney can provide guidance, build a strong defense, and protect the accused’s rights throughout the legal process.

Role of the Victim Advocate in a Rape By Force Article 120 UCMJ Case

Victim advocates play a crucial role in supporting victims of Rape By Force Article 120 UCMJ. They provide emotional support, help victims navigate the legal process, and connect them with necessary medical care, counseling, and legal assistance. Advocates ensure that the victim’s voice is heard and their rights are protected throughout the investigation and trial.

Prevention and Training of Rape By Force Article 120 UCMJ Offenses

The military has implemented various programs and training initiatives to prevent sexual violence and educate service members about consent and respectful behavior. These programs aim to create a safe and supportive environment, reduce the incidence of sexual misconduct, and encourage reporting of such offenses. Training often includes:

• Sexual Assault Prevention and Response (SAPR) Training: Comprehensive training programs that educate service members on recognizing, preventing, and responding to sexual assault.
• Bystander Intervention Training: Programs that empower individuals to intervene and prevent potential incidents of sexual assault and harassment.
• Victim Advocacy Training: Specialized training for victim advocates ensures they are equipped to provide effective support and resources to victims.

Reporting and Support Resources for Rape By Force Article 120 UCMJ

Victims of Rape By Force Article 120 UCMJ in the military have access to various reporting options and support resources:

• Restricted Reporting: Allows victims to confidentially disclose the assault to specific individuals (such as a victim advocate or healthcare provider) without triggering an official investigation while still receiving support and medical care.
• Unrestricted Reporting: Triggers an official investigation and allows the victim to access all available support resources, including legal assistance and protection measures.
• Safe Helpline: A confidential and anonymous resource that provides support and information to military members affected by sexual assault. Accessible via phone, text, and online chat.
• Military OneSource: Offers confidential support, information, and resources for service members and their families dealing with a wide range of issues, including sexual assault.

Military Defense Lawyers for Rape By Force Article 120 UCMJ

Article 120 UCMJ‘s provisions on rape by force are designed to protect service members from sexual violence and maintain the integrity and discipline of the military. The severe penalties and collateral consequences reflect the seriousness of the offense and the military’s commitment to addressing and preventing sexual misconduct. Understanding the elements of Rape By Force Article 120 UCMJ, the importance of legal representation, and the support available to victims is essential for navigating these challenging situations.

Rape By Force Article 120 UCMJ Reporting Data

“In APY 22-23, there were several reports of rape involving cadets, midshipmen, and prep students. These reports are part of the Department’s efforts to capture the scope of sexual violence within military academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 10

“The reports of rape were categorized under the broader spectrum of sexual misconduct, which, despite a general decrease, still reflects significant concerns about safety and conduct within the academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8

Demographics and Trends and Rape By Force Article 120 UCMJ

“Most victims in investigations of rape incidents are female (91 percent), while the majority of the subjects are male (86 percent). This gender distribution is consistent with patterns observed in other forms of sexual misconduct within the academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“Rape incidents predominantly involve individuals aged 16-24, who make up 87 percent of victims and 72 percent of subjects in completed investigations. This age group represents a significant portion of the academy population, highlighting the vulnerability of young cadets and midshipmen.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

Military Justice Outcomes and Rape By Force Article 120 UCMJ

“By the end of APY 22-23, military academies had completed disposition information for 60 subjects involved in rape investigations. The outcomes of these investigations underscore the seriousness with which these offenses are treated within the military justice system.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“Of the subjects investigated for rape, 9 had court-martial charges preferred against them, 1 received nonjudicial punishment, and 4 were subjected to adverse administrative discharges. These actions reflect the rigorous accountability measures enforced by the military justice system.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 16

Prevalence and Reporting for Rape By Force Article 120 UCMJ

“The 2022 Service Academy Gender Relations (SAGR) survey estimated that approximately 1,136 cadets and midshipmen may have experienced some form of unwanted sexual contact (USC) in the previous year, which includes rape. However, the actual reporting rate to DoD authorities remains significantly lower, estimated at around 14 percent.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 13

“Reports of sexual assault, including rape, made to DoD authorities provide only partial insight into the overall occurrence of such incidents at the academies. Surveys and research indicate that sexual assaults are underreported, suggesting that the true extent of the problem is much larger.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 13

Key Statistics on Rape By Force Article 120 UCMJ

“In APY 22-23, there were a total of 166 reports of sexual assault involving academy students—a 19 percent decrease from the previous year.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8

“Of the 166 total reports, 65 were Unrestricted Reports and 101 were Restricted Reports.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8

“137 reports involved actively enrolled cadets or midshipmen, a decrease from 170 in the previous academic year.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 9

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

“Most victims in investigations of Unrestricted Reports are female (91 percent), while most subjects are male (86 percent).” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“The age group 16-24 accounts for 87 percent of victims and 72 percent of subjects in completed investigations.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“The estimated number of cadets and midshipmen experiencing unwanted sexual contact in APY 21-22 was 1,136.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 13

“In APY 22-23, there were 121 initial Restricted Reports, of which 20 converted to Unrestricted Reports.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“30 criminal investigations initiated in APY 22-23 were completed within the same academic year.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 14

“By the end of APY 22-23, disposition information was completed for 60 subjects involved in sexual assault investigations.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

Rape and Sexual Assault in the Military

Rape and sexual assault within the military represent critical issues that impact the well-being of service members and the overall integrity of military institutions. Despite numerous initiatives to address these crimes, the prevalence remains alarmingly high. This article examines the factors contributing to the persistence of sexual assault in the military, the impact on survivors, and the strategies being implemented to combat these offenses.

Prevalence and Cultural Context

The issue of sexual assault in the military has garnered significant attention over recent years. Research indicates that both male and female service members are at risk, although the majority of the literature focuses on female survivors. However, approximately 50% of survivors of military sexual assault are men, highlighting the need for a broader understanding of the issue.

“Although approximately 50% of survivors of military sexual assault are men, virtually all of the literature focuses on the assault of female service members. Research has demonstrated that cultural variables are robust correlates of the sexual assault of women. This paper proposes that cultural variables are equally important when examining the rape of men, especially when this assault occurs in military contexts.” O’Brien et al., 2015

Socialization and Institutional Culture

One of the primary reasons for the persistence of sexual assault in the military is the unique socialization process within the armed forces. This process often includes informal socialization practices, such as hazing, that trivialize sexual harassment and assault, establishing these behaviors as acceptable forms of punishment or discipline.

“Informal socialization processes (including sexualized hazing) trivialize sexual harassment and assault, establish assault as an appropriate form of punishment, and license retaliation against victims who report.” Wood & Toppelberg, 2017

The institutional culture often perpetuates myths and stereotypes about sexual assault, particularly regarding male victims, which can hinder reporting and recovery. These myths contribute to a culture of silence and stigma, preventing many survivors from seeking the help they need.

Impact on Survivors

The impact of sexual assault on military personnel is profound, affecting their physical, psychological, and emotional well-being. Studies have shown that sexual assault in the military is associated with a range of negative outcomes, including PTSD, depression, and anxiety. Additionally, the military culture often exacerbates these effects by failing to provide adequate support to survivors.

“Sexual assault victimization is associated with a variety of negative outcomes, including short- and long-term medical problems, mental health symptoms, suicide attempts, and career disruptions.” Schell et al., 2021

Prevention and Intervention Strategies

Various strategies have been implemented to prevent and address sexual assault in the military. Training programs aimed at reducing rape myth acceptance and promoting bystander intervention have shown some success. For instance, “The Men’s Program” has been effective in changing attitudes and behaviors related to sexual assault among soldiers.

“Participants in The Men’s Program experienced significant change in the predicted direction for bystander willingness to help, bystander efficacy, rape myth acceptance, likelihood of raping, and likelihood of committing sexual assault.” Foubert & Masin, 2012

Moreover, initiatives to improve the reporting process and reduce retaliation against victims are critical. Creating an environment where service members feel safe to report incidents without fear of retribution is essential for effective prevention and intervention.

Challenges and Future Directions

Despite progress, significant challenges remain in addressing sexual assault within the military. The deep-rooted cultural norms and myths that perpetuate these crimes are difficult to change. Additionally, the fear of retaliation and the stigma associated with reporting sexual assault continue to be major barriers for survivors.

“The fear of negative responses from the chain of command, the alleged attacker, and friends of the alleged attacker often prevent individuals from reporting their assaults.” Lohman, 2015

Future efforts must focus on comprehensive cultural change, improved support systems for survivors, and continued research to understand the complexities of sexual assault in the military. By addressing these challenges, the military can create a safer and more supportive environment for all service members.