Article 120 of the Uniform Code of Military Justice (UCMJ) addresses rape and sexual assault within the military. Under Article 120, rape by force is a specific offense carrying severe consequences.

Rape by force is defined as engaging in sexual intercourse with another person by causing bodily harm or using unlawful force, threat of bodily harm, or creating a reasonable apprehension of death, grievous bodily harm, or kidnapping. Consent is a key element, meaning a freely given agreement to the specific act of sexual intercourse.

The UCMJ recognizes that consent cannot be given when the victim is incapable of consenting due to impairment by drugs or intoxicants, or if the victim is unconscious or asleep. Additionally, consent cannot be given by someone substantially incapacitated, meaning they cannot understand the nature of the act or decline participation.

Convictions under Article 120 for rape by force carry severe penalties, including dishonorable discharge, confinement for life, or even the death penalty in certain circumstances. It’s crucial for both victims and those accused to seek legal counsel from experienced military defense lawyers to navigate these complex legal proceedings.