Article 120 of the Uniform Code of Military Justice (UCMJ) covers sexual offenses in the military, divided into four major categories: rape, sexual assault, aggravated sexual contact, and abusive sexual contact. Each category has a distinct legal definition, required elements of proof, and maximum punishments if convicted. If you’re a military service member accused of a sex crime, it’s crucial to understand these categories, potential defense strategies, and the importance of working with an experienced court-martial attorney.
Rape
Rape, within the context of the UCMJ, is defined as engaging in a sexual act with another person by force, by threatening or placing that other person in fear, or when the victim is incapacitated or otherwise incapable of giving consent. To secure a rape conviction, prosecutors must demonstrate that the sexual act involved penetration, the act was performed without the victim’s consent, and it was accomplished through the use of force, threat, or taking advantage of the victim’s incapacity to consent. The consequences for a rape conviction under Article 120 are severe, including mandatory dishonorable discharge, forfeiture of all pay, allowances, and benefits, and possible life imprisonment without parole.
Sexual Assault
Sexual assault under Article 120 encompasses a broad range of non-consensual sexual activities, not limited to penetration but involving any sexual act done against someone’s will or with someone incapable of consent due to mental or physical incapacity. The prosecution must establish that the act was sexual in nature, the victim did not give their consent, and the perpetrator used force or coercion or exploited the victim’s incapacitated state. If convicted of sexual assault, the penalties may include mandatory dishonorable discharge, forfeiture of all pay, allowances, and benefits, and up to 30 years in prison.
Aggravated Sexual Contact
Aggravated sexual contact is defined as unlawfully touching, either directly or through the clothing, the genitalia, anus, groin, breast, or buttocks of another person without their consent under circumstances that can be deemed as aggravating. For a conviction to occur, the prosecution must prove that sexual contact took place, the contact was made without consent, and the circumstances were such that they aggravated the nature of the contact. The penalties for aggravated sexual contact include mandatory dishonorable discharge, forfeiture of all pay, allowances, and benefits, and up to 20 years of confinement.
Abusive Sexual Contact
Abusive sexual contact involves touching another person sexually without their consent, where the contact, while not necessarily aggravated, still violates the victim’s personal integrity. Prosecutors must demonstrate that sexual contact occurred, the contact was made without the victim’s consent, and the contact was abusive but not to the extent of aggravated sexual contact. The legal consequences for abusive sexual contact include mandatory dishonorable discharge, forfeiture of all pay, allowances, and benefits, and up to seven years of imprisonment.
Mounting Your Defense Strategy
Defending yourself against charges under Article 120 is essential to promoting the best outcome in your case. The right approach depends on the specifics of the accusation and the available evidence. Possible defenses include demonstrating consent, providing an alibi, claiming mistaken identity, highlighting lack of evidence, and showcasing your character and military record.
Consent is a pivotal defense, as proving that the alleged victim consented to the sexual act can undermine the prosecution’s case. Alibi involves proving that you were not present at the location when the alleged incident occurred, negating the accusations against you. Mistaken Identity is effective in cases where the perpetrator’s identity is in question, showing that you were wrongly identified. Lack of Evidence highlights the prosecution’s insufficient evidence, pointing out holes in the victim’s story, or demonstrating how the evidence doesn’t support the elements of the crime as charged.
Why You Should Hire a Military Defense Attorney
Article 120 violations come with some of the most severe consequences in the UCMJ. Therefore, having a legal professional by your side with a deep understanding of military laws and procedures is crucial. A specialized military defense attorney can use their knowledge and experience to defend your rights effectively. They can cross-examine witnesses, challenge the prosecution’s evidence, and help you build a comprehensive defense based on the unique circumstances of your case. The stakes are high, so don’t settle for mediocre representation.
At Bilecki Law Group, we are committed to defending service members stationed across the globe. With over two decades of experience, we leverage our unique background to provide aggressive defense strategies and personalized attention to your case. Tim Bilecki, an experienced military defense attorney and accomplished trial lawyer, has a background as a former U.S. Army JAG officer, giving him a unique perspective and insight into both sides of the courtroom. This bolsters his ability to devise uncompromising defense strategies. Mr. Bilecki’s track record of success in handling complex court-martial cases speaks to his capability and dedication.
Tim Bilecki earned a Bachelor’s of Science in Finance from Boston College, a Juris Doctorate from the University of Miami School of Law, and an MBA from the F.W. Olin Graduate School of Business at Babson College. He also completed the Goldman Sachs 10,000 Small Businesses program at Babson College. His early career in the U.S. Army JAG Corps saw him serving as defense counsel at Fort Cavazos, Texas (Fort Hood), international and operational law attorney at Fort Shafter, Hawaii, and Senior Defense Counsel in South Korea.
If you’re facing charges under Article 120, contact us today to discuss your case and explore your legal options. Tim Bilecki will work hard to protect your rights and ease some of the stress during this difficult time. Don’t face these charges alone—reach out to Bilecki Law Group for expert guidance and representation, (813) 669-3500.
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