Child Rape Crimes | Military Sexual Assault Defense Lawyers

Rape of a Child Defense Lawyers – Article 120b, UCMJ

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Seasoned Child Rape Military Attorneys

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A sex crime is a criminal offense that occurs when a service member sexually assaults or instigates a non-consensual sexual encounter through psychological and physical manipulation.

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The aggressive military criminal defense lawyers at Gonzalez & Waddington have earned a reputation for representing service members at US military installations across the globe, such as Fort Bragg. If you are accused of a military offense, retaining the most hard-hitting defense attorney can be the difference between having your rights trampled versus winning your case or redeeming your career. Our military criminal defense lawyers represent service members in both UCMJ and administrative matters, including defending Airmen suspected of sex assault, drug use, and other crimes under the UCMJ.

Unlike most civilian court-martial lawyers or your assigned counsel, pleading guilty is not something we often do. Our firm makes the military prove their case beyond a reasonable doubt. We take nearly every charge to trial and fight the allegations in front of a military jury.

Our trial victories speak for themselves. The suspected service member and his or her well-being are our main concern. Our court-martial lawyers maintain smaller caseloads than the average free US defense attorney to concentrate on each client on an individual basis. Your case will not be outsourced to a random attorney, and we will not bully you into pleading guilty at the last minute. Our military criminal defense attorneys have contested Army court-martial and administrative separation cases in the United States and worldwide.

Military Sexual Assault Prevention And Response Program

There are five types of Rape of a Child under Article 120b:

  • Rape of a Child Who Has Not Attained the Age of 12 Years
  • Rape by Force of a Child Who Has Attained the Age of 12 Years
  • Rape by Threatening or Placing in Fear a Child Who Has Attained the Age of 12 Years
  • Rape by Rendering Unconscious a Child Who Has Attained the Ager of 12 Years
  • Rape by Administering a Drug, Intoxicant, or Other Similar Substance to a Child Who Has Attained the Age of 12 Years

The Maximum Punishment for Abusive Sexual Contact, Article 120b, UCMJ is:

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Military sex crimes include:

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Sample Specification for Rape of a Child Who Has Not Attained the Age of 12 Years:

In that MSgt Jimmy Krilly, United States Air Force, at or near Travis Air Force Base, CA, on or about July 14, 2022, commit a sexual act upon Billy Doe, a child who had not attained the age of 12 years, by penetrating Billy Doe’s mouth with MSgt Jimmy Krilly’s penis, with an intent to abuse Billy Doe.

Sample Specification for Rape by Force of a Child Who Has Attained the Age of 12 Years:

In that MSgt Jimmy Krilly, United States Air Force, at or near Travis Air Force Base, CA, on or about July 14, 2022, commit a sexual act upon Billy Doe, a child who had attained the age of 12 years but had not attained the age of 16 years, by intentionally touching, not through the clothing, the genitalia of Billy Doe, with an intent to arouse the sexual desire of MSgt Jimmy Krilly by using force against Billy Doe, to wit: pinning him to a bed.

Sample Specification for Rape by Threatening or Placing in Fear a Child Who Has Attained the Age of 12 Years:

In that MSgt Jimmy Krilly, United States Air Force, at or near Travis Air Force Base, CA, on or about July 14, 2022, commit a sexual act upon Billy Doe, a child who had attained the age of 12 years but had not attained the age of 16 years, by causing contact between MSgt Jimmy Krilly’s mouth and Billy Doe’s penis, with an intent to arouse the sexual desire of MSgt Jimmy Krilly, by threatening Billy Doe.

Sample Specification for Rape by Rendering Unconscious a Child Who Has Attained the Age of 12 Years:

In that MSgt Jimmy Krilly, United States Air Force, at or near Travis Air Force Base, CA, on or about July 14, 2022, commit a sexual act upon Billy Doe, a child who had attained the age of 12 years but had not attained the age of 16 years, by penetrating Billy Doe’s anus with MSgt Jimmy Krilly’s penis, with an intent to gratify the sexual desire of MSgt Jimmy Krilly, by rendering Billy Doe unconscious by drugging him with by drugging him with Flunitrazepam, also known as Rohypnol..

Sample Specification for Rape by Administering a Drug, Intoxicant, or Other Similar Substance to a Child Who Has Attained the Age of 12 Years:

In that MSgt Jimmy Krilly, United States Air Force, at or near Travis Air Force Base, CA, on or about July 14, 2022, commit a sexual act upon Billy Doe, a child who had attained the age of 12 years but had not attained the age of 16 years, by causing contact between MSgt Jimmy Krilly’s mouth and Billy Doe’s penis, with an intent to gratify the sexual desire of MSgt Jimmy Krilly, by administering to Billy Doe a intoxicant, to wit: alcohol.

Elements of Rape of a Child – Article 120b, UCMJ

Each element must be proven beyond a reasonable doubt by the prosecution.

(1) That (state the time and place alleged), the accused committed (a) sexual act(s) upon (state name of the alleged victim) by (state the alleged sexual act); and
NOTE 1: Child under the age of 12 alleged. If it is alleged that the victim was under the age of 12, give the following element:
[(2)] That at the time of the sexual act (state the name of the alleged victim) had not attained the age of 12 years.
NOTE 2: Child who had attained the age of 12, but had not attained the age of 16 alleged.

If it is alleged that the victim had attained the age of 12, but had not attained the age of 16, give the following elements:
[(2)] That the accused did so by
(a) using force against (state the name of the alleged victim or other person against whom force was allegedly used), to wit: (state the force alleged);
(b) threatening (state the name of the alleged person threatened) or placing (state the name of the alleged victim) in fear;
(c) rendering (state the name of the alleged victim) unconscious;
(d) administering to (state the name of the alleged victim) a drug, intoxicant, or other similar substance; [and] [(3)] That at the time of the sexual act (state the name of the alleged victim) had attained the age of 12 years but had not attained the age of 16 years.

Definitions and Other Instructions for Rape of a Child, Article 120b, UCMJ:

“Sexual act” means:

(A) the penetration, however slight, of the penis into the vulva or anus or mouth;

(B) contact between the mouth and the penis, vulva, scrotum, or anus;

(C) 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; or

(D) 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.

“Child” means any person who has not attained the age of 16 years.

The prosecution is not required to prove the accused knew the age of (state the name of the alleged victim) at the time the alleged sexual act(s) occurred.

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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.”

NOTE 3: By force. When the sexual act is alleged by force, include the following instruction:

“Force” means the use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain or injure a child; or inflicting physical harm.

In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.

The force which caused the victim to engage in the sexual act need not have been applied by the accused to the victim. It is sufficient if the accused applied such force to any person, which thereby caused the victim to engage in the sexual act.

NOTE 4: By threat. When the sexual act is alleged by threat or by placing in fear, include the following instruction:

“Threatening or placing a child in fear” means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action.

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.

The person subject to the action contemplated by the threat need not be the victim. It is sufficient if the accused threatened or placed the victim in fear that any person would subject to the action contemplated by the threat, which thereby caused the victim to engage in the sexual act.

NOTE 5: Marriage. Marriage is not a defense for rape of a child under Article 120b.

Marriage is not a defense to this offense.

NOTE 6: Evidence of consent.

Generally, the elements of an Article 120b(a)(2) offense require the accused to have committed sexual conduct “by” a certain method. Stated another way, “by” means the sexual conduct occurred because of that method. Consent logically precludes that causal link; when the alleged victim consented, the sexual conduct occurred because of the consent, not because of the charged method. Accordingly, if the alleged offense is rape of a child who has attained the age of 12 years by using force or threatening or placing the child in fear, evidence that the alleged victim consented to the sexual conduct at issue may be relevant to negate an element, even though lack of consent may not be a separate element. In such situations the following instruction, properly tailored, would be appropriate. This instruction is not applicable where the alleged offense is rape of a child who has attained the age of 12 years by rendering the child unconscious or administering a drug to the child. The judge must carefully evaluate the evidence presented by both sides in such cases to determine the applicability of the following instruction.

The evidence has raised the issue of whether (state the alleged victim’s name) consented to the sexual conduct listed in (The) Specification(s) (__________) of (The) (Additional) Charge (___). All of the evidence concerning consent to the sexual conduct is relevant and must be considered in determining whether the government has proven (the elements of the offense) (that the sexual conduct was done by _____________) (state the element(s) to which the evidence concerning consent relates) beyond a reasonable doubt. 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 element(s) to which the evidence concerning consent relates).

Child Rape Military Lawyers

Our firm’s founding attorneys, Michael Waddington and Alexandra Gonzalez-Waddington, graduated from Temple Law School in Philadelphia, PA. In addition, Mr. Waddington is a member of the American Board of Criminal Lawyers. The ABCL is one of the most honored legal groups made up of some of the most influential defense attorneys in the United States. Entry is by invitation only and is limited to extremely regarded defense lawyers with a decade of experience defending criminal trials. At this time, they must have defended 50 or more felony cases and must have won 35 or more jury cases.

Furthermore, Michael Waddington was voted a “Super Lawyer” in Georgia and is ranked Superb on AVVO.com. Some of Michael Waddington’s cases were made into television shows, such as “The Kill Team.” He also regularly teaches criminal lawyers on trial law.
Our high-powered civilian lawyers will use our experience to fight your court-martial or ADSEP case.

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Child Rape, Penalties, & Legal Defenses

Our seasoned criminal defense attorneys and their outcomes set us apart from less seasoned attorneys.

If you or a loved one are facing a court-martial for a military sexual offense or if you are facing an administrative discharge, NJP, show cause board, letter of reprimand, then reach out to our military attorneys today.

Child Rape – Sexual Behavior in the Military

Military statutes include numerous sex-related crimes. Military laws try to capture every possible human activity related to sexual misbehavior and deviance. However, military sex crimes can be broken down into subcategories such as rape, aggravated sexual assault, abusive sexual contact, child sex crimes, lewdness, and child pornography offenses.

Our seasoned civilian attorneys and their victories speak for themselves from less seasoned attorneys.

If you or a loved one are accused of a military sex crime or if you are facing an administrative discharge, NJP, show cause board, letter of reprimand, then contact our military attorneys right away.

The accused Soldier and his or her desired outcome is our main concern. Our military criminal defense attorneys keep lighter caseloads than the typically assigned defense lawyer so that we can focus on every case separately. Your case will not be outsourced to a random attorney, and we will not power you into a guilty plea at the eleventh hour. Our defense attorneys have contested US Army court-martial and ADSEP cases in the United States and around the world.

Child Rape court-martial defense attorneys

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