What is Article 120 of UCMJ?

Rape and Sexual Assault Generally A service member of the United States Armed Forces who rapes, sexually assaults, or physically abuses or threatens to abuse another person with sexual contact, groping or unwanted sexual advances will be charged under Article 120 of the UCMJ.

What is Article 120 A?

Article 120 rape and aggravated sexual assault Article 120 rape applies to defendants accused of committing a sexual act which includes. The exertion of unlawful force. Exertion of force that has caused or would be likely to cause death or serious harm to another person.

What is the minimum punishment for Article 120 UCMJ?

dishonorable discharge
Under Articles 120 and 125 there are now mandatory minimum punishments. The minimum punishment for the Soldier convicted is dishonorable discharge for enlisted and dismissal for an officer, Kiel said.

What is Article 120 in the UCMJ?

Article 120 ¶45.a.(g)(8)(A) or other similar substance, and that condition is known or reasonably should be known by the person; or (B) a mental disease or defect, or physical disability, and that condition is known or reason-ably should be known by the person; is guilty of sexual assault and shall be punished as a court-martial may direct.

What are the UCMJ Articles?

Article 86: Absence without leave (AWOL).

  • Article 92: Failure to obey order or regulation.
  • Article 104: Aiding the enemy.
  • Article 112: Drunk on duty.
  • Article 121: Larceny and wrongful appropriation.
  • Article 125: Sodomy.
  • Article 133: Conduct unbecoming an officer and gentlemen.
  • How many Punitive Articles UCMJ?

    There are 61 punitive articles within the UCMJ: Articles 77 to 134. Death is the maximum possible sentence that a military court can give out. With that said, every punitive UCMJ article proposes a range of sentencing, and the death penalty is quite rare.

    What is an UCMJ punishment?

    That there was in effect a certain lawful general order or regulation;

  • That the accused had a duty to obey it; and,
  • That the accused violated or failed to obey the order or regulation[1].