Archived UCMJ Article 125: Forcible Sodomy or Bestiality

Note: Article 125 has been changed.

The content below is for archive purposes only.

See information on the updated version of Article 125.

A Service Member of the United States Armed Forces who engages in unnatural carnal relations with another partner of the same or opposite sex without that person’s consent, or any service member that engages in sexual acts with an animal, will face charges under Article 125 of the UCMJ.

Article 125 can devastate a service member’s reputation long before his or her court date even arrives. Unfortunately, a Service Member’s reputation may be the least of his or her worries should a conviction occur:

  • Life in prison without parole is a possible sentence that cannot be ignored.
  • Even if you escape a life sentence, you will likely be thrown out of the military with a dishonorable discharge, losing your military benefits and retirement in the process.
  • Your reputation will be in shatters for years. The Felony level conviction will haunt you the rest of your life.

Your reputation and your liberties are precious. Do not throw them away. Fight back against your charges starting TODAY with the help of the law offices of Bilecki & Tipon.

What Is Article 125 of the UCMJ?

Every article within the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. Two criminal offenses are defined under Article 125, each with its own set of elements.

  • (1) Forcible sodomy
    • (a) That the accused engaged in unnatural carnal copulation with a certain other person; and
    • (b) That the act was done by force or without the consent of the other person
  • (2) Bestiality
    • (a) That the accused engaged in unnatural carnal copulation with an animal

Summary of the Elements of Article 125: Article 125 governs two unique offenses, one governing forced homosexual copulation and the other governing copulation with an animal. Note that this article does not ban homosexuality but rather the act of forced sodomy against the will of another person. As animals cannot consent, any form of copulation with an animal is considered an offense under Article 125.

Military Defense Attorney for Article 125 of the UCMJ: Strategies and Tactics

Accusations of forcible sodomy or bestiality must be dealt with immediately to protect the service member’s reputation and honor, both inside and outside the military. The stakes are extremely high to secure an acquittal and exonerate your name of all charges.

If you believe your case is hopeless and you’re all but convicted, think again. Bilecki & Tipon has fought and won Article 125 cases in the past and we can help you win yours. Any number of defenses may be viable in your particular case:

  • Proof of the act. We’ll perform a full assault on the government’s evidence and witness testimony. We’ll can hire our own consultants and experts to refute government forensic evidence, review physical evidence for tampering or unlawful acquisition by law enforcement, and investigate the backgrounds of key government witnesses for hints of bias.
  • Law enforcement negligence or deceit. Law enforcement doesn’t always play by the rules. Evidence may be tampered with or even planted, warrants may be flawed, and officers may lie. We will look at all the evidence in your case and may be able to eliminate critical government evidence before your court date arrives.
  • Consent of the act. Many Article 125 cases involve an alleged victims claiming sexual assault in order to avoid being stigmatized for having consenting sexual relations with a same-sex partner. Bilecki & Tipon has successfully defended service members from such spurious charges using many of the tactics listed above. We’ve had great success in the past. Now, let us help you.

Accusations of forced sodomy or bestiality can quickly spiral out of control and destroy your reputation and career. That will not happen under our watch. Call us TODAY to receive a free consultation with your case.

Experienced Military Defense Lawyers for Article 125 Charges

Bilecki & Tipon has protected Service Members from allegations of sexual assault and other related charges. Hundreds of Service Members have relied on our court martial attorneys to secure the best possible outcomes in their cases. And judging from our past case history, they made the right choice.

Bilecki & Tipon will help you fight back against charges under Article 125: Forcible Sodomy or Bestiality

Frequently Asked Questions About Article 125

What Is the Maximum Possible Punishment for Article 125: Forcible Sodomy or Bestiality?

Article 125 defines two criminal offenses, forced sodomy, and bestiality. The maximum sentence in your case will depend on the alleged offense that you are charged with.

Forced sodomy
  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Confinement for life without eligibility for parole

Article 125 also notes a required mandatory minimum, which is a dismissal or dishonorable discharge.

  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Confinement for 5 years
  • Dishonorable discharge

Does Article 125 Make It Illegal to Have Same-Sex Relations in the Military?

No. Article 125 governs the act of forced sodomy and, more broadly, “unnatural copulation with another person.” Unnatural carnal copulation, as defined by the Manual for Court Martial, makes it illegal “to have carnal copulation in any opening of the body, except the sexual parts, with another person (same or opposite sex) or with an animal.”

What Our Clients Are Saying About Us

  • Bilecki & Tipon, LLLC His knowledge and experience were evident during the Article 32 where he seemed to sort of take control of the court room.
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  • Bilecki & Tipon, LLLC Mr. Bilecki and his associates are amazingly qualified and skilled in handling UCMJ cases.
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