When a military member rapes, sexually assaults or acts in any lewd manner toward another nonconsenting service member, this is a violation under Article 120 of the Uniform Code of Military Justice (UCMJ). Rape and sexual assault are vicious acts against humanity and are heavily penalized.
Because sex crimes are so stigmatized in California, even innocent service members are unable to defend themselves without facing prejudice. Understanding the unique elements of the code can help you realize the exact nature of these charges and their consequences.
How does the code define rape and sexual assault?
Rape is the nonconsensual touching or penetration of the vulva, anus or mouth by any part of the body or any object. In Article 120, rape applies to accused defendants if the sexual act involves:
- The defendant using unlawful force against another
- The force causing death or severe injury to another
- The defendant threatening or placing another person in fear of death, critical bodily harm, or kidnapping
- The defendant rendering another person unconscious
- The defendant administering an intoxicating substance to another person to impair the latter’s judgement and overall conduct
Sexual assault is subjecting another nonconsenting party to sexual acts, including penetration by any part of the body or object. In Article 120, sexual assault applies when the act is sexual and involves:
- Threatening or placing another person in fear
- Making another person falsely believe the sexual act is part of their professional duty
- Causing a person to believe the sexual act was necessary through any deceptive manner, whether by identity or pretense
- Another person who is asleep, unconscious or oblivious to the fact that the act is occurring
- Another person who is nonconsensual in any form, manner or suggestion
- A person who is impaired by alcohol, drug or similar substances
- A person who is mentally or physically impaired
The military court shall penalize rape and any form of sexual assault by forfeiting all pay and allowances. Someone found guilty of these charges could also face incarceration for 30 years to life and a dishonorable discharge.
Any sex crime has severe consequences
The code also includes aggravated sexual contact and abusive sexual contact, which involve any form of sexual contact that meets the conditions above before the sexual act. Accused military members could face 15 to 20 years in incarceration and a dishonorable discharge. They will also forfeit the pays and allowances they earned through years of service in the military.
These charges are serious. Even though military justice is different from civilian court, you still have rights, and you deserve a vigorous defense.