Military Sexual Crimes Involving Children
Essentially, the same conduct that is a crime against an adult is a crime against a child as well and the elements are the same. However, certain conduct that would not be criminal with regard to an adult victim is criminal with respect to a child.
Rape of a Child
Rape of a Child is
- engaging in a sexual act with a child under the age of 12
- or committing “rape,” as defined in Section 1.2 above, of a child who has attained the age of 12. MCM 45b.
“Child” is a person who has not attained the age of 16. MCM 45a(t)(9)
The first provision is equivalent to statutory rape; if the child is under 12, any sexual conduct is criminal and neither force nor specific intent is required to prove the offense nor is “consent” an affirmative defense. The second provision relates to children between the ages of 12 and 16 and requires the other elements of rape. However, a sex act with any child between the ages of 12 and 16 is criminalized as aggravated sexual assault of a child, without regard to force or intent, see 1.11 herein.
Aggravated Sexual Assault of a Child
Aggravated Sexual Assault of a Child is engaging in a sexual act with a child who has attained the age of 12. MCM 45d.
- This offense is defined by the age of the child and not by the degree of force or specific intent.
Aggravated Sexual Abuse of a Child
Aggravated Sexual Abuse of a Child is engaging in a lewd act with a child. MCM 45f.
- A lewd act is intentionally touching another’s genitalia (not through clothing) with the intent to abuse, humiliate or degrade any person or to arouse or gratify the sexual desire of any person
- Or intentionally causing another person to engage in said touching. MCM 45a(t)(10)
Aggravated Sexual Contact with a Child
Aggravated Sexual Contact with a Child is the same as Rape of a Child, except that the accused’s conduct is “sexual contact” rather than a “Sexual Act.” MCM 45g.
Indecent Liberties with a Child
Indecent Liberties with a Child is engaging in indecent liberties in the presence of a child
- With the intent to arouse, appeal to or gratify the sexual desires of an person
- Or with the intent to abuse, humiliate or degrade any person MCM 45j
- Indecent Liberties include
- Exposing one’s genitalia, anus, buttocks of female breasts to a chile
- Indecent language in the presence of a child
- Words designed to excite sexual desire spoken to a child
- Exposing a child to sexual conduct