Sexual assault has been a hot topic in the military for years. When a service member is convicted of this crime under Article 120 of the Uniform Code of Military Justice (UCMJ), they may face punishments such as bad conduct or dishonorable discharge, imprisonment, and forfeiture of all pay, allowances, and veteran benefits. But do … Read more
Article 120 of the Uniform Code of Military Justice (UCMJ) deals with rape, sexual assault, and sexual contact. These offenses cover a range of unlawful, forced sexual actions on another person. Charges involving sexual misconduct involving a child fall under Article 120b, while “other sexual misconduct” is outlined in Article 120c. Sexual assault in the … Read more
Sexual assault claims among military service members are alarmingly high. According to the 2018 Department of Defense Annual Report on Sexual Assault in the Military, 20,500 active-duty service members reported experiencing sexual assault or rape, including about 13,000 women and 7,500 men. This indicates that 6.2 percent of female and 0.7 percent of male service … Read more
Sexual assaults committed by someone in the general population often give rise to criminal prosecutions, which may result in fines, jail time, probation, and sanctions against the offender, if convicted. There are similar repercussions in the military, where sexual assaults are punishable under Article 120 of the Uniform Code of Military Justice (UCMJ). Sentences may … Read more
Courts-martial are military courts that try the serious offenses of accused service members. As in civilian courts, a jury sits in on most court-martial cases. However, the selection process differs greatly, especially for Article 120 cases addressing sexual assault and rape. Learn about the differences and how a military defense attorney can help ensure you … Read more
The Department of Defense has passed multiple reforms in recent years as it attempts to stamp out sex crimes in the military. Despite this, the estimated rates of sexual harassment and sexual assault remain alarmingly high. According to a RAND study released in 2021, roughly one in 16 women and one in 143 men experience … Read more
Rape and sexual assault charges can be serious and life-changing for anyone, especially if you’re in the military. You risk losing your career, ranking, allowances, and pay if you are convicted. You may even have to register as a sex offender or end up in prison. Unlike civilians who are tried in civilian court, on-duty … Read more
On December 10, 2020, the US Supreme Court ruled that military rape cases occurring between 1986 and 2006 are no longer subject to a statute of limitations. This 20-year legal gray area has fluctuated between having and not having legal time limits for rape cases several times in recent years. What is a Statute of … Read more
In United States v. Gilpin, the sexual assault conviction is reversed by the Navy-Marine Corps Court of Criminal Appeals (CCA). According to the CCA’s review, the conviction was based primarily on testimonies from the alleged victim, which were deemed “factually insufficient.” The victim claimed they had been unconscious due to heavy intoxication while the accused sexually assaulted them, … Read more
In a relatively short span of time, the United States Armed Forces has pushed a revitalized campaign to penalize alleged criminal offenders in the ranks. The Air Force Academy added protections for service members who report sexual assault, the Uniform Code of Military Justice (UCMJ) was updated to distinguish domestic violence from assault, and United States Secretary … Read more