Joseph Jordan is a military defense lawyer who aggressively represents service members in courts martial. He is a former Army Judge Advocate. He has successfully defended service members in numerous courts martial against sodomy charges.
Sodomy is a violation of Article 125 of the Uniform Code of Military Justice (UCMJ). It is defined as "unnatural carnal copulation with another person of the same or opposite sex or with an animal." Unnatural carnal copulation is oral sex, anal sex or sex with an animal. Penetration is a necessary element for a sodomy charge. Failure to orgasm or ejaculate is not a defense when charged with sodomy.
Sodomy can be charged against either party to oral or anal sex. Oral sodomy includes fellatio (taking the male sexual organ into the mouth of another person) and cunnilingus (penetrating the female sex organ with mouth, lips or tongue). Anal sex includes penetrating the anus with a penis and, if consensual, can include either or both parties to the sexual act.
To be found guilty of sodomy the prosecutor must prove that you had oral sex, anal sex or sex with an animal. Sodomy may be forcible or consensual. Forcible sodomy does not have to involve physical force. Forcible sodomy includes sodomy against victims unable to give consent because of sleep, intoxication or unconsciousness, as well as victims incapable of giving consent because of their age or mental illness. Forcible sodomy can also include "constructive force" such as intimidation, threats or an abuse of authority.
Sodomy is a very serious charge and voluntary intoxication is not a defense to a sodomy charge. Convictions for forcible sodomy or sodomy with a child under age 12 can result in life in prison without parole. Convictions for sodomy with a child under age 16 can result in 20 years in prison. A consensual sodomy conviction may result in up to 5 years in prison.