UCMJ Article 120 – Rape and Sexual Assault

By W. James Payne Law Firm

The Uniform Code of Military Justice (UCMJ) is a dignified set of laws that lay out the military system of justice in the United States. Every branch of the U.S. military is expected to follow, obey, and respect these laws at all times. Their primary intention is to promote a sense of justice and discipline throughout every branch of the nation’s armed forces and to strengthen national security. UCMJ Article 120 is a particular part of the law that is wholly necessary.

What Is UCMJ Article 120?

In the Uniform Code of Military Justice, Article 120 outlines and explains the various definitions of rape and sexual assault within the justice system of the U.S. military. This section of the UCMJ defines every potential sexually motivated crime that could occur in every branch of the military and sets the penalties for the individuals who are found guilty of any violations. If you are facing accusations of sexual assault, contact a criminal defense lawyer soon.

Article 120 lays out brief but comprehensive explanations for what is considered an act of rape or an act of sexual assault under military law. Understanding these definitions and recognizing how a charge of any of these crimes could result in a court-martial is vital to how you should consider approaching a case of your own. According to Article 120, some of those definitions are as follows:

• Rape: Article 120 defines rape as an unwanted sexual act that one person perpetrates against another without consent. It is considered rape if the alleged aggressor uses unlawful force against the victim, uses a degree of force intended to seriously injure or kill, threatens to use force if the victim doesn’t submit, renders the victim unconscious first, or drugs them to initiate unconsciousness before committing the act of rape.
• Sexual Assault: Under Article 120, sexual assault and rape are not always interchangeable. The act may be considered sexual assault if the alleged aggressor forces sexual activity through threats of violence, fraudulently poses as someone in a position of power or as a professional, or pretends to be someone else in order to have sexual intercourse with the victim.

Potential Defenses Against Rape and Sexual Assault

If you are in the military and are charged with a violation of UCMJ Article 120, there are possible options for you to use to plan out your defense strategy. You and your lawyer should gather as much evidence as you possibly can that backs up your version of events. Depending on your situation, you may be able to claim a number of potential defenses, including:

• Consent: One of the more common forms of defense in a sexual assault case is demonstrating a consensual relationship. If you are unable to deny that sexual activity took place, you may want to consider proving that the sex was consensual for all parties. Evidence of this relationship may include texts, emails, phone records, witness testimony, and more. The more evidence you have, the easier it can be to prove.
• Entrapment: Depending on the details of your case, you may be able to prove a case of entrapment. Entrapment occurs when the criminal activity that took place was the result of law enforcement officers creating a scenario to literally entrap the alleged aggressor. In other words, the crime might never have happened had the police not manipulated the situation in their favor. This may not work depending on your case, but it’s an option.

FAQs

What Is Article 120a of the UCMJ?

Article 120a of the UCMJ expressly lays out the military definition of rape as unwanted sexual activity that is done by force against an unwilling participant. This section of Article 120 explains the various scenarios that would, by definition under military jurisdiction, be considered an act of rape, including using unlawful force, threatening violence, and rendering the victim unconscious through drugs or other means.

What Is the Maximum Punishment for Article 120a?

If you are found guilty of rape under Article 120a and convicted, the penalties you may face will depend largely on the nature of your offense and the details of your case. If you are sentenced to the maximum punishment, you will be dishonorably discharged from the United States military, forfeit all your pay and allowances, and could also face a maximum sentence of life in prison.

Do You Need a Lawyer for an Article 120 Charge?

Yes, you should seriously consider reaching out to a military sexual assault lawyer if you are charged with violating Article 120 in any way. The consequences of a potential conviction are severe and could result in the destruction of your military career, a dishonorable discharge, and even life in prison if the prosecution seeks the maximum punishment. The last thing you want is to be caught unprepared because you didn’t hire legal representation.

Can I Hire a Civilian Lawyer for an Article 120 Charge?

Yes, you are allowed to seek outside representation and hire a civilian lawyer if you are charged with violating Article 120 in some way. The military provides court-appointed defense lawyers for you, but you reserve the right to seek outside assistance by hiring a civilian defense lawyer of your own choice. It depends entirely on who you want to represent you during this trying time.

Get Help With Your Rape and Sexual Assault Case

Being charged with violating Article 120 of the UCMJ can cause severe disruptions to your life that can be difficult to come back from. If you are convicted, it will likely be the end of your military career, and you could face significant prison time. You should consider hiring an experienced defense lawyer to represent your interests and help you develop a strong defense strategy. Otherwise, you could risk quite a lot.

The legal team at W. James Payne Law Firm can help you develop a strong defense, gather evidence that supports your claim, and make sure you are not taken advantage of. Contact us to speak with someone about your case and schedule a consultation.