Article 120 vs. Article 125: What’s the Difference Between Rape and Kidnapping Charges?
If your charge sheet lists Article 125, or you are reading an older article that pairs Article 120 with Article 125, the pairing itself can mislead you. Before 2019 the two articles sat side by side in the sexual offense provisions of the Uniform Code of Military Justice. Under current law they cover entirely different […]
The Army’s Quest for “Yes Men”: A Concerning Trend in Military Defense
The recent firing of Brig. Gen. Wells from the newly created position of top prosecutor to handle sexual assault and misconduct cases has raised eyebrows and sparked concerns within the legal community. The decision to remove Wells, made by the Army Secretary within hours of receiving an email Wells sent 10 years ago, paints a […]
What Is the Statute of Limitations for Article 120 of the UCMJ?
The line “there is no statute of limitations for sexual assault in the military” circulates widely. It is true for some offenses and some dates, and false for others, because Congress has moved the limitation rules for sexual offenses more than once and the rule that applies depends on when the alleged conduct occurred. A […]
What to Do If Falsely Accused of Military Sexual Assault
What Do the Latest Changes to Military Sexual Assault Prosecution Mean?
Sexual Assault: Restricted vs. Unrestricted Reporting
Sexual assault is an issue the Armed Forces takes very seriously. Given the gravity of this matter, service members must understand their options when reporting such incidents. Learn about the two main ways to report sexual assault in the military and how a military defense attorney can defend service members accused of sexual assault. Overview […]
What is Consent According to UCMJ Article 120?
Consent is a crucial element in the context of sexual assault cases, especially within the military justice system. Article 120 of the Uniform Code of Military Justice (UCMJ) specifically addresses the crime of rape, sexual assault, and other related offenses. Understanding consent according to UCMJ Article 120 is crucial for service members, not only to […]
What Does a Sexual Assault Victim Get If They Win Their Case?
A 2022 ruling by the Ninth Circuit Court of Appeals allowed a sexual assault claim against a fellow service member to proceed past the Feres doctrine, opening a path that had been closed for decades. For a service member facing an allegation, the significance is not the doctrine itself. It is that one set of […]
What is the Maximum Punishment for an Article 120 Violation?
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 […]
Why Does Sexual Assault Occur in the Military?
