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 … 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
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
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
A recent ruling by the 9th US Circuit Court of Appeals in San Francisco has set a new precedent for sexual assualt survivors to be able to sue not only their assailants but also the Defense Department. Retired Army Col. Kathryn Spletstoser v. retired Air Force Gen. John Hyten The ongoing Federal lawsuit of retired … Read more
The Department of the Air Force recently released DAF Instruction 36-3211, which increases support for sexual assualt victims, promotes accountability and prevention, and outlines the discharge steps to be taken for separation. DAFI 36-3211 7G: Sexual Assault DAFI 36-3211 describes sexual assault as rape, sexual assault, aggravated sexual contact, abusive sexual contact, or attempts to … 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
An army judge rules to require a unanimous guilty verdict during a sexual assault case, sparking discussion of requiring unanimous verdicts in military court. Military and civilian court cases operate under different sets of laws, processes, and sentencings. These differences include court proceedings and regulations where military courts do not always align with the standard … Read more