Aggravated Sexual Contact MCM 45b(5) – Article 120 UCMJ
Aggravated Sexual Contact is engaging in “sexual contact” with another person or causing sexual contact with or by another person:
- by force
- or by causing grievous bodily harm
- or by threats or creating fear of death, grievous bodily harm or kidnapping
- or rendering another unconscious
- or administering a drug or other intoxicant
Article 120 – Manual for Courts-Martial (MCM)
“Sexual Contact” is the intentional touching of intimate body parts including the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, with an intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be direct or indirect (through clothing). Sexual contact includes causing another to perform sexual contact. MCM 45a(t)(2). This is a specific intent crime and may include male-on-male contact.
The remaining definitions are the same as set out in Section 1.2 above.
Frequently Asked Questions
1- What is Aggravated Sexual Contact under Article 120 UCMJ?
Aggravated Sexual Contact involves committing or causing sexual contact with another person by using force, causing grievous bodily harm, or by threatening or placing that other person in fear of death, grievous bodily harm, or kidnapping.
2- What constitutes “sexual contact” under Article 120?
Sexual contact” includes touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with the intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.
3- What are the potential penalties for Aggravated Sexual Contact under Article 120?
Penalties can include dishonorable discharge, confinement for a number of years as determined by the court-martial, reduction in rank, and forfeiture of all pay and allowances.
4- Can consent be used as a defense for Aggravated Sexual Contact charges?
Consent can be a defense if it can be proven that the sexual contact was consensual and that the alleged victim was not coerced or under duress. However, consent is not a valid defense if obtained through force, threat, or fraud.
5- What should I do if I am accused of Aggravated Sexual Contact under the UCMJ?
If accused, it is crucial to seek legal representation from a military defense attorney immediately. Do not discuss the case with anyone other than your lawyer and avoid making any statements that could be used against you.
6- How is an investigation for Aggravated Sexual Contact conducted in the military?
The investigation typically involves interviews with the alleged victim, the accused, and any witnesses. It may also include collecting physical evidence, reviewing medical records, and analyzing any relevant electronic communications.
7- Can I be court-martialed for Aggravated Sexual Contact if the incident occurred off-base?
Yes, service members can be court-martialed for offenses under the UCMJ regardless of where the incident occurred, whether on or off a military installation.
8- What rights do I have during a court-martial for Aggravated Sexual Contact?
You have the right to remain silent, the right to be represented by an attorney, the right to a fair and impartial trial, the right to present evidence and witnesses in your defense, and the right to appeal a conviction.
9- Can prior consensual sexual contact be used as evidence in my defense?
Prior consensual sexual contact may be considered by the court-martial, but it must be relevant to the case and not used to suggest consent for the specific incident in question. This evidence is often scrutinized and may be limited by military rules of evidence.
10- What happens if I am found guilty of Aggravated Sexual Contact?
If found guilty, you will face sentencing which may include confinement, discharge from the military, reduction in rank, and forfeiture of pay. You also have the right to appeal the conviction and sentence.
11- Can an Aggravated Sexual Contact charge be reduced or dismissed?
Yes, charges can be reduced or dismissed based on the evidence presented, plea negotiations, or legal technicalities. Your attorney will work to achieve the best possible outcome for your case.