What is UCMJ Article 120?
Service members are governed by a criminal code called the Uniform Code of Military Justice. There are a number of UCMJ articles that set rules and regulation in the military, one of which is Article 120 of the UCMJ, which covers sexual assault, rape, and other sexual misconduct. UCMJ Article 120 is a critical section of military law that addresses various sexual offenses, specifically sexual assault, rape, and other sexual misconduct. This article also sets strict standards and penalties for those found guilty of these offenses. Military members facing UCMJ allegations for violations of this article may experience life-altering consequences, ranging from discharge to decades in confinement. Understanding the specific guidelines of Article 120 is extremely important for anyone facing such charges, as it details what behaviors are prohibited and how they are prosecuted within the military justice system.
Criminal Offenses Under Article 120 UCMJ
Article 120 of the Uniform Code of Military Justice addresses various forms of sexual misconduct in the military, including:
- Rape: Rape is defined as performing a sexual act on another person without their consent by way of unlawful force, serious threats, or by using alcohol, drugs, or other intoxicants to make them impaired and unable to consent. This offense carries significant penalties and is one of the most severe under Article 120.
- Sexual Assault: This offense involves a non-consensual sexual act with another person. It includes situations where consent is absent due to coercion, threats, lies, or the victim’s inability to consent, covering a range of actions categorized as sex assault.
- Aggravated Sexual Contact: Aggravated sexual contact is defined as committing or causing sexual contact with someone in a way that would be considered rape if it was sexual acts instead of contact.
- Abusive Sexual Contact: This offense involves non-consensual sexual contact that does not meet the threshold of a full sexual act. In other words, abusive sexual contact occurs when someone commits unconsensual sexual contact against someone in a way that would be considered sexual assault if it involved a sexual act instead of contact.
According to UCMJ Article 120, What is Consent?
Under 10 USC § 920 (Art. 120), consent is defined as a person freely agreeing to participate in the activity with another person while being fully coherent and capable of making that choice. If someone shows through words or actions that they don’t agree, there is no consent. Simply not resisting verbally or physically doesn’t mean they consented, and if someone submits because they are afraid or forced, that also isn’t consent. Past relationships or what a person is wearing don’t imply consent either.
For military members, consent must be expressed through words or conduct indicating a clear, voluntary agreement. It cannot be assumed from silence, passivity, or past interactions. In cases where alleged victims are incapacitated, asleep, or otherwise unable to understand or agree to a sexual act, the consent is considered absent.
What is Abusive Sexual Contact?
“Sexual contact” means touching someone—or making them touch—certain parts of the body, like the genitals, groin, buttocks, breasts, or inner thighs, either directly or through clothing. This can be done with any part of the body or an object. The touching is considered sexual contact if it’s done to abuse, humiliate, harass, or degrade someone, or to satisfy sexual desire.
Sexual harassment or abuse that would be considered sexual assault if the touching was actually a sex act is classified as abusive sexual contact, which differs from lesser forms of sexual contact. In other words, abusive sexual contact occurs when the contact in question shares these same similarities with sexual assault:
- Without the alleged victim’s consent;
- When the alleged victim is asleep, unconscious, intoxicated, or unaware;
- Threatening or placing the alleged victim in fear of grievous bodily harm;
- Falsely claiming the contact serves a professional purpose;
- Lying about their identity;
- The alleged victim has a mental condition or physical disability.
Article 120 UCMJ Punishment
Penalties for sexual assault in the military can vary significantly depending on the offense and the circumstances surrounding it. Accused service members will likely face military court, called a court martial, which can lead to serious consequences. This includes everything from dishonorable discharge to confinement to loss of rank, among other penalties.
For those facing these charges, working with an experienced court martial lawyer is imperative to navigating the military justice system and understanding the potential outcomes based on the specifics of their case. As a seasoned North Carolina court martial defense lawyer, Aden Wilkie knows the system through and through and can help you understand (and fight) the penalties you may be facing.
Penalties for Rape in the Military
- Mandatory dishonorable discharge
- Maximum sentence of life imprisonment without the possibility of parole
- Reduction in rank to the lowest enlisted grade (E-1)
- Forfeiture of all pay and allowances
Penalties for Sexual Assault in the Military
- Dishonorable discharge
- Confinement of up to 30 years
- Reduction in rank to E-1
- Forfeiture of all pay and allowances
Penalties for Aggravated Sexual Contact in the Military
- Dishonorable discharge
- Confinement of up to 20 years
- Reduction in rank to E-1
- Forfeiture of all pay and allowances
Penalties for Abusive Sexual Contact in the Military
- Dishonorable or bad conduct discharge
- Confinement of up to 7 years
- Reduction in rank to E-1
- Forfeiture of all pay and allowances
Sex Offender Registration
A military sexual assault conviction can have lifelong consequences, affecting where you can live and work. One of the most dire consequences arising from any sexual assault conviction is the possibility of becoming a registered sex offender. Depending on the state or local civilian jurisdiction you are at or planning on returning home to after deployment, the immediate criminal penalties may just be the beginning.
The registration process for sex offenders is managed by the states, not by the military. Although there are similarities, each state has its own rules about how often you must check in with law enforcement, where you are allowed to live, and who you need to notify. Because of these varied and often strict requirements, it’s crucial to have an experienced civilian criminal defense lawyer like Aden Wilkie fighting for you as early as possible.
Fighting Against UCMJ Article 120 Charges
Facing charges under the UCMJ, especially when it comes to sexual assault cases, can be incredibly stressful and emotionally charged. Military prosecutors often pursue these cases vigorously, which can make it feel like service members are up against overwhelming odds. But don’t lose hope: with the guidance of an experienced military attorney, you can still have a fair shot at defending yourself. Here are some key strategies we may use in these cases:
- Proving Innocence: The strongest defense in cases of false allegations is to demonstrate that you are truly innocent. If you have a solid alibi, you can establish that there was no possible way for you to have committed the alleged crime.
- Uncovering Evidence of False Accusations: Unfortunately, some sexual assault allegations are motivated by personal reasons, such as revenge. By finding evidence that supports a wrongful accusation, your defense can weaken the prosecution’s case.
- Establishing Consent: If you can prove that the alleged victim gave consent, this can counter the charges. In military sexual assault cases, a conviction relies on proving that the contact occurred without the alleged victim’s consent.
- Highlighting Lack of Evidence: Many of these cases proceed with limited or no physical evidence. Without concrete proof, military prosecutors often rely on hearsay, making it difficult to build a strong case against you.
Why You Need an Experienced Military Defense Attorney for Sexual Assault Case
Do not be intimidated by the detailed and challenging elements of UCMJ Article 120. Aden Wilkie, a skilled and aggressive military defense lawyer, has extensive experience defending service members against various sexual crime charges. With his background as a civilian defense counsel, Aden knows these laws inside and out, having successfully represented numerous clients facing unjust or unfounded allegations under the UCMJ.
In preparing for your defense, he’ll conduct thorough investigations into the alleged circumstances, leaving no detail overlooked. Aden and his team meticulously examine each aspect of the incident, including your alibi and any supporting evidence, to build a strong case. Our approach is rooted in creating reasonable doubt regarding the prosecution’s claims, ensuring that each piece of evidence, or lack thereof, is analyzed to challenge the validity of the charges.
By working with Aden Wilkie, you’re gaining a defense that is committed, strategic, and tailored to protect your rights and reputation.
Forensic Evidence
We will carefully examine whether the prosecution has DNA evidence or any other type of forensic evidence and assess if it actually places you at the scene of the crime. Remember, just because the prosecution claims to have evidence doesn’t mean they can secure a conviction. We’ll gather evidence of our own to counter their claims and, if necessary, hire an independent DNA expert to scrutinize the government’s evidence closely.
In some cases, we can have the government’s evidence suppressed before it ever reaches trial. “Touch” DNA, for instance, can appear for many reasons unrelated to the alleged offense, especially in military life, from shared living spaces to clothing worn by multiple people or even transferred DNA on commonly used items like doors and tables. This is particularly relevant if the accuser lives in the same home or shares living spaces, creating opportunities for incidental DNA transfer that do not indicate guilt.
Preparing Witnesses
Many cases become a classic “he said, she said” scenario, where the alleged victim’s statements are pitted directly against the defendant’s account. In such cases, we will use cross examination to question prosecution witnesses, including the alleged victim, carefully identifying any inconsistencies or gaps in their story.
Additionally, we can call character witnesses who can vouch for your integrity and reputation, helping to build a solid defense. If needed, we’ll also bring in expert medical witnesses to challenge or refute any forensic evidence presented by the prosecution, ensuring a thorough and balanced examination of the facts in your favor.
Sentence Reduction
Many of these cases result in government overreach, where service members become targets of emotional, reactive legal action. Unlike in state or federal courts, military prosecutors often pursue cases with insufficient evidence or low chances of conviction, driven by a desire to appear tough on sexual assault allegations.
This push to prosecute often stems not only from prosecutorial overreach but also from pressure on Convening Authorities, who may fear that failing to refer such cases could be viewed as being lenient, potentially impacting their reputation or relationships with higher-ranking officials and elected leaders.
If the prosecution is attempting to use you as a scapegoat, you need a defender who understands the stakes. A skilled military defense attorney can make the difference between a straightforward administrative discharge and facing the maximum sentence of prison time, helping protect your future and ensuring a fair trial.
Call a North Carolina Military Sexual Assault Attorney at The Wilkie Law Group Today
Aden Wilkie isn’t called the Devil Dog Defender for nothing. His relentless dedication to defending military clients in courts nationwide has earned him a reputation as a top advocate for service members facing serious charges, including military sexual assault allegations. Whether you’re in the Air Force, Army, Marine Corps, Coast Guard, or Navy, facing these charges is no small matter. A conviction could mean losing your career, benefits, and hard-earned military standing, and it could even result in years or a lifetime of prison.
With the right military defense attorney, you have the chance to fight back and protect your future. Based in Jacksonville, NC, Aden Wilkie offers his services throughout the United States, including at major installations like Camp Lejeune and Fort Bragg, as well as other bases, camps, stations, and posts across the country (with travel fees applying for distant locations).
Known for his tenacity and commitment to his military clients, he is trusted by service members across the armed forces for his deep understanding of military law and his dedication to achieving the best possible outcomes. If you’re facing sexual assault, sexual harassment, or any other sex crime charges and need an experienced advocate, contact the military defense attorneys at The Wilkie Law Group online or by calling (910) 548-7846 today.
Speak With a Top Military Sexual Assault Lawyer
Aden Wilkie, based in Jacksonville, NC, is dedicated to providing military sexual assault defense to service members at Camp Lejeune, Fort Bragg, and military installations across the United States and worldwide. Known as the Devil Dog Defender, he fights tirelessly to protect the rights and freedom of military personnel facing serious charges. If you’re in need of a committed defense, call Aden Wilkie today or click the link below to schedule your initial consultation.
