"Ei Incumbit Probation Qui Dicit."

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

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What Are the Penalties for Article 120 Charges?

Under Article 120 of the Uniform Code of Military Justice (UJMJ), there are serious penalties for sexual assault and related misconduct. Convicted service members will be dismissed or dishonorably discharged.

There are many types and degrees of Article 120 offenses, and the penalties differ for each. In the most severe circumstances, the penalty is death. Other severe penalties include life in prison and lengthy incarceration. Listed below are some specific Article 120 charges and their corresponding penalties.

Rape – For service members convicted of rape, the maximum penalty is death. Other potential penalties include life imprisonment, dishonorable discharge, bad conduct discharge, and forfeiture of all pay and allowances.

Aggravated Sexual Assault – Service members who are convicted of aggravated sexual assault could face penalties such as dishonorable discharge, bad conduct discharge, forfeiture of pay and allowance, and 30 years of confinement.

Aggravated Sexual Contact – Service members who are convicted of aggravated sexual contact can face all the same penalties as those listed for aggravated sexual assault, with the exception of confinement, which is 20 years for this particular Article 120 offense.

Abusive Sexual Contact – Service members who are convicted of abusive sexual contact can face all the same penalties as those listed for aggravated sexual assault and aggravated sexual contact, with the exception of confinement, which is 15 years for this offense.

For more information on penalties for Article 120 charges, visit our pages on Article 120 Rape, Article 120b Sexual Assault of a Child, and Article 120c Other Sexual Misconduct.

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