Rape Charges in the Military
Defense from Our Military Sex Crime Attorney
Article 120 of the Uniform Code of Military Justice (UCMJ) describes the
crimes of rape and sexual assault, as well as several other assaultive
sex crimes. The first two offenses listed in the statute, rape and sexual
assault, are similar inasmuch as they both involve the use of force in
order to commit a sexual act upon another person.
The legal definition of "sexual act" includes any degree of vaginal,
anal or oral penetration by the penis or any other body part on the part
of the perpetrator, whether the act is carried out for any of the following purposes:
- Arousing a sexual desire
- Gratifying a sexual desire
These offenses are not restricted to the rape of a woman by a man, and
they can include incidents occurring during hazing.
Contact our military sex assault lawyer at your earliest convenience!
UCMJ Article 120
UCMJ Article 120 lists out several different conditions under which the
commission of a sexual act may constitute either rape or sexual assault.
Generally, the difference between the two offenses is one of a degree
of force or violence. For example, if the act is carried out through threats
or actions which place the victim in fear that he or she will be killed,
grievously injured or kidnapped, the crime will likely be charged as rape.
Sexual assault is more commonly charged in cases where the threats simply
placed the victim in fear.
Powerful Defense Against Rape Allegations
Due to the heinous nature of the crime, allegations of rape or sexual assault
are often relatively simple to level but can be enormously difficult to
overcome. The military justice system often sides with the alleged victim,
despite the fact that the accused is to be legally considered innocent
until proven guilty.
Fortunately, a proven military attorney may be able to clear your name
and help you avoid the serious penalties you could face if convicted at
court-martial. For example, it may be possible to demonstrate that you
have been mistakenly identified as the perpetrator, or perhaps the strategy
will revolve around arguing that you have been targeted with false accusations
on the part of someone with a motive to see you punished.
Take the first step in your case now by contacting us at McCormack &
McCormack for a confidential
case evaluation to discuss the situation and to allow us to begin working on your defense.