Understanding the legal framework of military law is crucial for service members accused of serious crimes under the Uniform Code of Military Justice (UCMJ). Article 120 and Article 125 are easily confused, as they both deal with sexual activities, but they have unique definitions, prosecution standards, and penalties. Learn the differences between these two sections of the UCMJ and the changes to Article 125 that removed the ban on consensual same-sex relationships.

Article 120: Rape and Sexual Assault

Article 120 of the UCMJ addresses the crime of rape and sexual assault within the military. The article recognizes various forms of sexual misconduct and punishes each one slightly differently under military law.

Definitions and Scope

• Rape is defined as engaging in a sexual act with another person by force, threat of force, or when the victim is incapable of consenting due to unconsciousness, intoxication, or other factors that render them unable to understand the nature of the act.
• Sexual assault broadly covers a range of non-consensual sexual activities beyond rape, including cases where the victim does not consent or is incapable of consenting. It also encompasses attempts to commit these acts.
• Aggravated sexual contact involves touching, with the intent to gratify sexual desire, any body part or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks without consent.
• Abusive sexual contact is similar to aggravated sexual contact but involves less direct or forceful acts, though still without the victim’s consent.

Proving Article 120 Violations

Proving rape, sexual assault, or sexual contact requires prosecutors to establish several elements beyond a reasonable doubt. Whether someone is convicted often comes down to demonstrating a lack of consent and the other circumstances surrounding the alleged act.

Punishments for Article 120 Violations

The punishments under Article 120 are intentionally severe to deter potential offenders, uphold military discipline, and provide justice to victims. The maximum sentences depend on the extent of the violation and may include:

• Dishonorable discharge: All service members convicted of rape or sexual assault are permanently separated from the military with a dishonorable or bad conduct discharge, affecting future employment and stripping away military honors and benefits.
• Forfeiture of all pay and allowances: Convicted service members experience an immediate and complete loss of salary, benefits, and future entitlements from military service.
• Confinement: Lengthy prison sentences are doled out, ranging from seven years for abusive sexual contact to life imprisonment without the possibility of parole for a rape conviction.
• Sex offender registration: Convicted individuals may be required to register as sex offenders, a status with long-term implications on where they can live and work.

Article 125: Sodomy

Article 125 of the UCMJ has historically criminalized sodomy, previously defined as any “unnatural” sexual act not intended for procreation involving someone of the same sex, the opposite sex, or an animal. This definition included consensual and non-consensual acts, without distinction between the two in terms of legality under military law.

Lifting the Ban on Consensual Same-Sex Relationships

A significant shift in Article 125 prosecutions came with the lifting of the ban on consensual sodomy in 2013, marking a pivotal moment in military law. This change aligned more closely with the broader societal acceptance of same-sex relationships and acknowledged the right to privacy for consenting adults, regardless of their sexual orientation.

Lifting the ban has also contributed to a more accepting and supportive environment for LGBTQ+ service members. It supports the evolving understanding of human rights and the importance of equality within the armed forces.

Proving Article 125 Violations

Since adjusting how Article 125 is applied, the prosecution now focuses on proving non-consensual acts, conduct that adversely affects the order and discipline within the military, and conduct that directly affects the military’s ability to perform its mission.

Punishments for Article 125 Violations

The maximum punishments for violating Article 125 depend on the severity of the offense and its impact on military operations. These may include:

• Dishonorable discharge: A dishonorable removal from the military and being stripped of military benefits applies to all service members convicted of sodomy.
• Confinement: Convicted service members may receive varying lengths of imprisonment, from five years for sodomy with an animal to life imprisonment without the chance of parole for sodomy committed on a child between the ages of 12 and 16.
• Forfeiture of pay and allowances: Convicted individuals lose their right to pay and allowances from the military.

Why Choose Joseph L. Jordan, Attorney at Law, to Defend You?

Are you facing charges under Article 120 or Article 125? This accusation can profoundly impact your career, freedom, and reputation. Joseph L. Jordan, Attorney at Law, is here to represent you, drawing from 18 years of experience and backed by a track record of success. Mr. Jordan’s unique insights, derived from years as a former enlisted Soldier and Army JAG officer, enable our firm to confidently navigate your complex case. We safeguard the rights of service members across all military branches, with uncompromising defense strategies and personalized attention to each case.

If you or someone you know is facing charges under the UCMJ, please call us toll-free at 800-580-8034 or 254-221-6411 to discuss your case directly with Mr. Jordan and explore your defense options.