US Air Force V. E-4, (Article 120, Forcible Rape And Wrongful Sexual Contact)
There were two accusers in this case making it one of the most difficult cases Mr. Jordan has ever tried. The Charges on the Charge Sheet were Forcible Rape of one alleged victim and Wrongful Sexual Contact of another alleged victim as well as unlawful entrance into her dorm room. Mr. Jordan’s client was facing Life sentence plus 31.5 years. The extra 30 years comes from the Lesser Included Offense of Aggravated Sexual Assault. In this case, the lesser-included offense of aggravated sexual assault automatically attached to the larger charge of Forcible Rape.
Result: Forcible Rape: Not Guilty; Wrongful Sexual Contact: Not Guilty; Unlawful Entry, Not Guilty.
The Lesser Included Offense of Aggravated Sexual Assault, Guilty.
Sentence: 6 Months, reduction to E-1 and a Bad Conduct Discharge. The Government in this case requested 10 years of confinement, but Mr. Jordan’s client only received 6 months. With good conduct he should be out in 5 months.
Article 120 is the military statute which defines rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact. These offenses include different types of unlawful, forced sexual activities on another person. Charges related to sexual misconduct involving a minor fall under Article 120b.