Article 120 UCMJ Rape & Sexual Assault | Best Military Defense Lawyers

Maximum Punishments Article 120 UCMJ Offenses

Maximum Punishments for Rape, Article 120 UCMJ

• Dishonorable Discharge
• Total Forfeiture of all pay and allowances
• Life without eligibility for parole
• Reduction to the grade of E-1
• A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense
• Note: You must Register as a State & Federal Sex Offender

Maximum Punishments for Article 120 Sexual Assault, Article 120 UCMJ

• Dishonorable Discharge
• Total Forfeiture of all pay and allowances
• 30 Years of Confinement
• Reduction to the grade of E-1
• A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense
• Note: You must Register as a State & Federal Sex Offender

Maximum Punishment for Aggravated sexual contact, Article 120 UCMJ

• Dishonorable Discharge
• Total Forfeiture of all pay and allowances
• 20 Years of Confinement
• Reduction to the grade of E-1
• A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense
• Note: You must Register as a State & Federal Sex Offender

Maximum Punishment for Abusive sexual contact, UCMJ Article 120

• Dishonorable Discharge
• Total Forfeiture of all pay and allowances
• 7 Years of Confinement
• Reduction to the grade of E-1
• Note: You must Register as a State & Federal Sex Offender

Collateral Consequences of Sex Offender Registration and Military Sex Offense Conviction:

• Register as a State & Federal Sex Offender
• 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

Infographic on the Maximum Punishment for Sexual Assault, Article 120 UCMJ

Collateral Consequences of a Military Conviction

• Loss of all veteran and government benefits
• Loss of disability and unemployment benefits
• Loss of voting rights.
• Loss of the ability to legally own or possess firearms.
• Inability to qualify for bank loans or college financial aid.
• Difficulty in obtaining meaningful employment.
• Criminal records will remain in law enforcement databases.

What is Article 120 of the UCMJ? Military Sexual Crimes in the military under UCMJ Article 120 include:

• • Rape
  • Aggravated Sexual Contact
  • Sexual Assault
  • Abusive Sexual contact
  • Indecent Act

Statute for Article 120 of the Uniform Code of Military Justice

Pub. L. 109–163, div. A, title V, §552(b), Jan. 6, 2006, 119 Stat. 3263 , provided that: “Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by subsection (a), may not exceed the following limits:

(1) Subsections (a) and (b) of Under Article 120 UCMJ. For an offense under subsection (a) (rape) or subsection (b) (rape of a child), death or such other punishment as a court-martial may direct.

(2) Subsection (c).-For an offense under subsection (c) (aggravated sexual assault), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years.

(3) Subsections (d) and (e).-For an offense under subsection (d) (aggravated sexual assault of a child) or subsection (e) (aggravated sexual contact), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.

(4) Subsections (f) and (g).-For an offense under subsection (f) (aggravated sexual abuse of a child) or subsection (g) (aggravated sexual contact with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

(5) Subsections (h) through (j).-For an offense under subsection (h) (abusive sexual contact), subsection (i) (abusive sexual contact with a child), or subsection (j) (indecent liberty with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 7 years.

(6) Subsections (k) and (l).-For an offense under subsection (k) (indecent act) or subsection (l) (forcible pandering), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(7) Subsections (m) and (n).-For an offense under subsection (m) (wrongful sexual contact) or subsection (n) (indecent exposure), dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year.”

[See 2011 Amendment notes above for extensive amendment of section 920 of title 10 by Pub. L. 112–81, effective 180 days after Dec. 31, 2011, and applicable with respect to offenses committed on or after such effective date.]

§920. Art. 120. UCMJ Rape and sexual assault generally (Note: UCMJ Article 120 elements are under each type of sexual assault)

Rape.

Any person subject to this chapter who commits an Article 120 UCMJ sexual act upon another person by-

(1) using unlawful force against that other person;

(2) using force causing or likely to cause death or grievous bodily harm to any person;

(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;

(4) first rendering that other person unconscious; or

(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;

is guilty of rape and shall be punished as a court-martial may direct.

Sexual Assault – UCMJ Article 120

Any person subject to this chapter who-

(1) commits a sexual act upon another person by-

(A) threatening or placing that other person in fear;

(B) making a fraudulent representation that the sexual act serves a professional purpose; or

(C) inducing a belief by any artifice, pretense, or concealment that the person is another person;

(2) commits a sexual act upon another person-

(A) without the consent of the other person; or

(B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or

(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to-

(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or

(B) mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;

is guilty of sexual assault and shall be punished as a court-martial may direct.

Aggravated Sexual Contact.

Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct.

Abusive Sexual Contact.

Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (b) (sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct.

(e) Proof of Threat.-In a prosecution under this section, 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.

(f) Defenses under Article 120 UCMJ -An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.

(g) Definitions.-In this section:

Sexual act under UCMJ Article 120.

The term “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; or

(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.

Sexual contact.

Under Article 120 UCMJ, the term “sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.

Grievous bodily harm.

The term “grievous bodily harm” means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose.

Force.

The term “force” means-

(A) the use of a weapon;

(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or

(C) inflicting physical harm sufficient to coerce or compel submission by the victim.

(5) Unlawful force.-The term “unlawful force” means an act of force done without legal justification or excuse.

(6) Threatening or placing that other person in fear.-The term “threatening or placing that other person in fear” means communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.

Consent.

(A) The term “consent” 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.

(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (B) or (C) of subsection (b)(1).

(C) All the surrounding circumstances are to be considered in determining whether a person gave consent.

(8) Incapable of consenting. The term “incapable of consenting” means the person is-

(A) incapable of appraising the nature of the conduct at issue; or

(B) physically incapable of declining participation in, or communicating unwillingness to engage in, the sexual act at issue.

Maximum Punishment Chart for Article 120 Sex Crimes as of 1 Oct 2007

Table of Maximum Punishments for Article 120 UCMJ cases, Sexual Offenses. The Article 120 UCMJ minimum punishment for most cases is a mandatory dishonorable discharge or dismissal. These punishments do not cover Article 120b UCMJ or Article 128, UCMJ offenses.

Military sexual assault laws change often. For current crimes and punishments, call a military defense lawyer that specializes in military sex crimes.

Offense	Discharge	Years of Confinement	Forfeitures
Rape and Rape of a Child	DD, BCD	Death/Life in Prison	Total
Aggravated Sexual Assault	DD, BCD	30 years	Total
Aggravated Sexual Assault of a Child	DD, BCD	20 years	Total
Aggravated Sexual Abuse of a Child	DD, BCD	20 years	Total
Aggravated Sexual Contact	DD, BCD	20 years	Total
Aggravated Sexual Contact with a Child	DD, BCD	20 years	Total
Abusive Sexual Contact with a Child	DD, BCD	15 years	Total
Indecent Liberty with a Child	DD, BCD	15 years	Total
Abusive Sexual Contact	DD, BCD	7 years	Total
Indecent Act	DD, BCD	5 years	Total
Forcible Pandering	DD, BCD	5 years	Total
Wrongful Sexual Contact	DD, BCD	1 year	Total
Indecent Exposure	DD, BCD	1 year	Total