Sexual Assault of a Child Defense Attorneys Article 120b UCMJ

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

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Sexual Assault of a Child under Article 120b

Contact our Seasoned Sex Crime Lawyers

Our team of seasoned sex crime lawyers has the education to defend your charges against military prosecutors aggressively. They are some of the most experienced in the area of military sexual assault defense. Our seasoned civilian attorneys have decades of sex crime defense experience.

If you or a loved one has been accused of a sex crime such as the Sexual Assault of a Child, then act now! Our aggressive military criminal defense attorneys will have your back. A sex crime is an offense that takes place when someone sexually assaults or instigates an unwanted sexual act through psychological and physical manipulation.

We have successfully defended and acquitted Soldiers worldwide. To learn more, check out our court-martial case results. The experienced military attorneys at Gonzalez & Waddington have developed a reputation for defending service members at US military bases worldwide. For example, suppose you are accused of a military crime.

In that case, having the most hard-hitting military criminal defense attorney can be the difference between losing your career and family versus winning your case or redeeming your career. Our defense attorneys represent service members in criminal and administrative matters, including defending military service members accused of sexual assault, drug use, and other offenses under military law.

Military Defense Lawyers for Article 120b UCMJ

Unlike most civilian military defense lawyers or your assigned counsel, we do not commonly recommend pleading guilty. Instead, our attorneys force the prosecution to prove their case beyond a reasonable doubt. Then, we take almost every allegation to trial and fight it before a military jury.

Our trial outcomes speak for themselves. The suspected service member and his or her desired outcome are our principal concerns. Our court-martial defense attorneys maintain lighter caseloads than the average free US military attorney so that we can concentrate on each trial individually. Your trial will not be outsourced to a random lawyer; we will not push you into diving at the last minute. Our court martial lawyers have contested Army court-martial and administrative separation cases in the United States and worldwide.

The Maximum Punishment for Sexual Assault of a Child, Article 120b UCMJ is:

Article 120b UCMJ: Sexual Assault of a Child – Maximum Punishments

• Confinement for offenses committed from 1 Jan 2019 to 27 Dec 2023
• Confinement for offenses committed after 27 Dec 2023: Category 4 Offense – Confinement from 120-240 months (10 to 20 years)
• A dishonorable discharge or a dismissal is a mandatory minimum sentence for sexual assault of a child convicted under this statute.
• Total Forfeiture of all pay and allowances
• Reduction to the grade of E-1
• If convicted of Sexual Assault of a Child, the service member will also have to register as a sex offender.

Sample Specification for Sexual Assault of a Child – Article 120b, UCMJ:

In that Major Roger Collers, US Air Force, did at or near Luke Air Force Base, AZ, on or about July 28, 2023, commit a sexual act upon Julie Doe, a child who had attained the age of 12 years but had not attained the age of 16 years, by penetrating Julie Doe’s vulva with Major Roger Collers’s penis with an intent to gratify the sexual desire of Major Roger Collers.

Elements of Sexual Assault 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 the name of the alleged victim), by (state the alleged sexual act); and
(2) 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.

Military sex crimes include:

• Rape
• Aggravated Sexual Contact
• Sexual Assault
• Abusive Sexual Contact
• Forcible Pandering
• Indecent Act
• Deposit of Obscene Matters – Article 120a, UCMJ
• Rape of a Child under Article 120b
• Sexual Abuse of a Child under Article 120b UCMJ
• Sexual Assault of a Child
• Indecent Viewing, Indecent Recording, or Broadcasting/Distribution of an
• Indecent Recording
• Indecent Exposure
• Child Pornography Offenses
  • Possessing, receiving or viewing child pornography
  • Possessing child pornography with intent to distribute
  • Distribution of child pornography
  • Production of child pornography

Definitions and Other Instructions for Sexual Assault of a Child Defense Attorneys 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 age 16.

The prosecution is not required to prove the accused knew that (state the name of the alleged victim) had not attained the age of 16 years at the time the alleged sexual act(s) occurred.

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 1: Mistake of fact as to age under Sexual Assault of a Child Article 120b UCMJ

Mistake of fact as to age is an affirmative defense to sexual assault of a child. If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that a mistake existed. When a mistake of fact as to age has been raised, include the following instructions. The burden of proof in the instruction below is as provided in the statute.

The evidence has raised the issue of mistake on the part of the accused concerning the offense(s) of sexual assault of a child, as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___). Specifically, the mistake concerns the accused’s belief that (state the name of the alleged victim) was at least 16 years of age when the alleged sexual act(s) occurred.

The prosecution is not required to prove the accused knew that (state the name of the alleged victim) had not attained the age of 16 years at the time the alleged sexual act(s) occurred. However, an honest and reasonable mistake of fact as to (state the name of the alleged victim)’s age is a defense to (that) (those) charged offense(s).

“Mistake of fact as to age” means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person engaging in the sexual conduct was at least 16 years old. The ignorance or mistake must have existed in the mind of the accused and must have been reasonable under all the circumstances.

To be reasonable, the ignorance or mistake must have been based on information, or lack thereof, which would indicate to a reasonable person that (state the name of the alleged victim) was at least 16 years old. Additionally, ignorance or mistake cannot be based on the negligent failure to discover the facts. Negligence is the absence of due care. Due care is what a reasonably careful person would do under the same or similar circumstances.

The defense has the burden of establishing by a preponderance of the evidence that the accused was under this mistaken belief.

A “preponderance” means more likely than not if a preponderance does not convince you of the evidence that, at the time of the charged sexual assault of a child, the accused was under a mistaken belief that (state the name of the alleged victim) was at least 16 years old, the defense does not exist.

Even if you conclude that the accused was under the honest and mistaken belief that (state the name of the alleged victim) was at least 16 years old, if a preponderance does not convince you of the evidence that, at the time of the charged sexual assault of a child, the accused’s mistake was reasonable, the defense does not exist.

NOTE 2: Voluntary intoxication and mistake of fact as to age. If there is evidence of the accused’s voluntary intoxication, the following instruction is appropriate:

There is evidence in this case that indicates that, at the time of the alleged sexual assault of a child, the accused may have been under the influence of (alcohol) (drugs). The accused’s state of voluntary intoxication, if any, at the time of the offense is not relevant to mistake of fact.

A mistaken belief that (state the name of the alleged victim) was at least 16 years of age must be what a reasonably careful, ordinary, prudent, sober adult would have had under the circumstances at the time of the offense. Voluntary intoxication does not permit what would be an unreasonable belief in the mind of a sober person to be considered reasonable because the person is intoxicated.

NOTE 5: Marriage.

It is a defense that the persons engaging in the sexual act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.

If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that a marriage existed. When marriage between the accused and the alleged victim of the sexual assault of a child has been raised, include the following instructions:

The evidence has raised the issue of marriage between the accused and (state the name of the alleged victim) concerning the offense(s) of sexual assault of a child, as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___).It is a defense to (that) (those) charged offense(s) that the accused and (state the name of the alleged victim) were married to each other when they engaged in the sexual act(s).

A “marriage” is a relationship, recognized by the laws of a competent State or foreign jurisdiction, between the accused and (state the name of the alleged victim) as spouses. A marriage exists until the laws of a competent State or foreign jurisdiction dissolve it.

The defense of marriage does not exist where the accused commits the alleged sexual act(s) upon (state the name of the alleged victim) when the accused knows or reasonably should know that she/he is asleep, unconscious or otherwise unaware that the sexual act(s) (is) (are) occurring or when she / he is incapable of consenting to the sexual act(s) due to impairment by any drug, intoxicant or other similar substance, and that condition was known or reasonably should have been known by the accused.

The defense has the burden of proving by a preponderance of the evidence that the defense of marriage exists. The term “preponderance” means more likely than not. Therefore, unless a preponderance convinces you of the evidence that at the time of the sexual act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, the defense of marriage does not exist.

Even if a preponderance convinces you of the evidence that at the time of the sexual act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, if you are not also convinced by a preponderance of the evidence that (state the name of the alleged victim) was not (asleep, unconscious or otherwise unaware of the sexual act(s) occurring) (incapable of consenting to the sexual act(s) due to impairment by any drug, intoxicant or other similar substance) or that the accused was not aware of and should not have been aware of such condition, the defense of marriage does not exist.

Sexual Assault of a Child Court Martial Lawyers

Our law 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 regarded as one of the most esteemed legal groups and comprises some of the top defense attorneys in the United States. Membership is by invitation only and limited to extremely accomplished defense lawyers with ten or more years of experience defending criminal trials. At this time, they must have defended 50 or more felony trials and must have won 35 or more jury trials.

In addition, Mr. Waddington was voted a “Super Lawyer” in Georgia and is rated Superb on AVVO.com. Some of Michael Waddington’s cases were made into television shows, such as “Killings at the Canal,” a CNN documentary special that unveils what caused the murders of Iraqi terrorists by Army soldiers. He also regularly instructs criminal attorneys on criminal defense. Our hard-hitting civilian defense lawyers will use our experience to defend your court-martial or ADSEP case.

Call today to speak with aggressive civilian attorneys.

Army, Navy, Marine Corps, Air Force, and Coast Guard personnel deserve the best court-martial defense lawyers to defend them at their court-martial or administrative separation (ADSEP) proceeding.

Military Sexual Assault of a Child, Penalties, & Legal Defenses

Our hard-hitting defense lawyers and their victories set us apart from less seasoned lawyers.

If you or a loved one are charged with a military Article 120 UCMJ crime or facing an administrative separation, Article 15, show cause board, letter of reprimand, then call our court-martial defense attorneys now.

Sexual Assault of a Child – Sexual Behavior in the Military

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

Our seasoned military attorneys and their victories set us apart from less seasoned attorneys.

Contact our civilian attorneys now if you or a family member are accused of a military Article 120 UCMJ crime or are facing an administrative separation, non-judicial punishment, show cause board, or letter of reprimand.

Our primary concern is the accused service member and his or her well-being. Our criminal defense attorneys maintain lighter caseloads than the average assigned defense attorney so that we can focus on each client individually. Your case will not be outsourced to a third party, and we will not bully you into pleading guilty at the eleventh hour. Our military attorneys have contested Army court-martial and administrative separation (ADSEP) cases in the US and worldwide.

Sexual Assault of a Child Court-Martial Attorney

 

Frequently Asked Questions

1- What does Article 120b specifically address in terms of sexual assault involving children?

Article 120b of the UCMJ deals with sexual offenses involving minors, specifically individuals under the age of 16. It covers various forms of sexual misconduct, including sexual contact, penetration, and exploitation, and includes provisions for both contact offenses and offenses involving the use of a child in sexual activities.

2- What are the critical elements the prosecution must prove in a case under Article 120b?

To secure a conviction under Article 120b, the prosecution must prove:

• Age of the Victim: The victim must be under 16 years old.
• Sexual Act: The accused engaged in a sexual act or contact with the victim.
• Unlawful Conduct: The conduct must be proven to be illegal under military law regarding the protection of children.
• Lack of Consent: Since minors cannot legally consent, the focus is on proving that the act occurred and was unlawful.

3- What common defenses might be employed in a case involving sexual assault of a child under Article 120b?

Common defenses include:

• Dispute of the Facts: Challenging the accuracy of the victim’s statements or the evidence presented.
• False Allegations: Arguing that the allegations are false or stem from a misunderstanding or ulterior motive.
• Mistaken Identity: Providing evidence that the accused is not the individual who committed the offense.
• Involuntary Actions: Asserting that any actions were accidental or unintentional and did not involve criminal intent.
• Consent Misunderstanding: Although not a valid defense for minors, some cases might involve misunderstandings about the nature of consent.

4- How can defense attorneys challenge the credibility of the child victim in a sexual assault case?

Defense attorneys can:

• Examine Consistency: Look for inconsistencies or contradictions in the victim’s statements and testimony.
• Investigate Influences: Determine if external factors, such as pressure from adults or peers, may have influenced the victim’s testimony.
• Explore Prior Behavior: Assess the victim’s history for any behavior that might affect their credibility or the perception of their testimony.

5- What role does forensic evidence play in defending against charges under Article 120b?

Forensic evidence is crucial and can be used to:

• Challenge Evidence: Dispute the validity or reliability of forensic findings presented by the prosecution.
• Provide Alternative Explanations: Offer alternative explanations for forensic evidence that may not implicate the accused.

6- How can defense attorneys handle the testimony of child witnesses?

Handling child witness testimony involves:

• Pre-trial Preparation: Working with experts to understand the best ways to present or cross-examine child witnesses.
• Cross-Examination: Conducting cross-examinations in a way that is respectful and avoids re-traumatizing the child while still challenging the testimony.
• Expert Testimony: Using child psychology experts to address how a child’s age and development might affect their testimony.

7- What are the potential penalties for a conviction under Article 120b?

Penalties for a conviction can be severe and include:

• Imprisonment: Potentially life imprisonment, depending on the severity of the offense.
• Dishonorable Discharge: Loss of military status and benefits.
• Rank Reduction: Demotion within the military hierarchy.
• Sex Offender Registration: Requirement to register as a sex offender, which has long-term social and legal consequences.

8- What strategies can defense attorneys use if a conviction seems likely?

Strategies might include:

• Plea Bargaining: Negotiating a plea deal to potentially reduce charges or penalties.
• Mitigating Factors: Presenting mitigating circumstances to influence sentencing, such as the accused’s background or intent.
• Preparing for Sentencing: Advocating for a less severe sentence based on the accused’s personal circumstances and the nature of the offense.

9- How can defense attorneys prepare for a trial involving sexual assault of a child?

Preparation involves:

• Gathering Evidence: Collecting and reviewing all relevant evidence, including forensic reports, witness statements, and documents.
• Interviewing Witnesses: Speaking with all potential witnesses to build a comprehensive understanding of the case.
• Developing a Strategy: Creating a defense strategy based on the evidence and legal standards.
• Legal Research: Conducting thorough research on relevant laws and precedents related to Article 120b.

10- What resources are available for defense attorneys handling cases under Article 120b?

Defense attorneys can access:

• Military Legal Resources: Consult resources from the Judge Advocate General’s (JAG) Corps or other military legal entities.
• Professional Associations: Engage with associations specializing in military law and sexual assault cases.
• Continuing Education: Participate in training and seminars related to sexual assault and child protection laws.