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:

  • Abusing
  • Humiliating
  • Harassing
  • Degrading
  • 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.

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