Sexual Consent Defined by UCMJ Article 120 Sexual Assault

Article 120 of the Uniform Code of Military Justice (UCMJ) defines the rules and codes of conduct related to rape and sexual assault. All members of the armed services must comply with the regulations outlined in the UCMJ or face court-martial. Being found guilty of an Article 120 violation carries severe punishments like loss of rank, dishonorable discharge, and imprisonment. It is essential to understand the terms of the UCMJ to fight the allegations against you.

What is “sexual consent” as defined by UCMJ Article 120?

“Sexual consent” under the UCMJ Article 120 means an agreement to a sexual act made freely by a competent, conscious person. The following actions do not constitute consent:

  • Lack of resistance, either verbal or physical
  • Submission as a result of using force, threatening force, or making another person fearful
  • A dating, social, or sexual relationship, either current or previous
  • Manner of dress of the person involved

Someone who is unconscious, sleeping, or incompetent cannot give consent. Force that causes or could cause death or grievous bodily injury or results in the person being knocked unconscious can never be consented to. Consent cannot be given if the person was made to believe the sexual act served a professional purpose. Finally, consent cannot be given if the act was carried out while the victim believed the offender to be someone else.

Defending against Article 120 allegations.

Being accused of an Article 120 violation is a serious matter. You may believe there’s no hope for your career or future, but the attorneys at The Law Office of Garrison A. Wood will fight for your rights. They have represented many clients in UCMJ Article 120 violation disputes. They understand the UCMJ and help their clients navigate this confusing system.

What to do if you are facing Article 120 allegations.

Most service members spend more time defending their country than understanding the intricacies of the UCMJ. That means you could be caught off guard if you are accused of a crime.

Attorney Garrison A. Wood has spent his whole career defending clients accused of UCMJ violations. If you’ve been accused of an Article 120 violation, contact our office today to discuss the charges against you and your right to defend yourself.

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