Understanding Article 120: What Counts as Sexual Assault in the UCMJ
If you're in the military or have a loved one who is, you've probably heard of Article 120 of the Uniform Code of Military Justice (UCMJ). This part of military law deals with sexual assault and related offenses. It's a serious topic, and knowing what it covers can help you better understand your rights and responsibilities. Even for those not in uniform, like civilian defense lawyers, being familiar with these rules is important when helping service members.
So, what exactly counts as sexual assault under Article 120?
At its core, Article 120 covers any unwanted sexual contact or behavior without consent. That might sound broad—and it is on purpose. The military takes these issues very seriously, and the rules are applied differently compared to the civilian justice system. What may not count as a crime in one place could be very serious under the UCMJ.
Some clear examples of sexual assault under Article 120 include:
- Sexual contact or intercourse without the other person’s permission
- Engaging in sexual activity with someone who is asleep, unconscious, or otherwise unable to agree to it
- Using threats or pressure to force someone into sexual activity
- Taking advantage of someone who is too drunk or drugged to say yes or no
Consent plays a big role here. If someone doesn't or can’t give clear, informed permission, then the act may be considered sexual assault.
The military also investigates these cases differently than in civilian life. A service member might face both administrative action and criminal charges. Even if you're not put in jail, you could lose your career, benefits, or future opportunities in the military.
One more thing to keep in mind: being accused under Article 120 is serious, and defending yourself doesn’t always follow the same process as civilian courts. Having a good support system and getting the right advice early on can make a big difference.
In the end, understanding what falls under Article 120 helps everyone in the military community stay informed, respectful, and safe. Whether you're active duty, a family member, or just someone who wants to learn more, knowing these facts can make a real difference.