UCMJ Article 120b: Rape and Sexual Assault of a Child

Rape and Sexual Assault of a Child

A military member who rapes, sexually assaults, or physically abuses or threatens to abuse a child under the age of 16 years old will face charges under Article 120b of the UCMJ.

Allegations of sex crimes involving minors are grave, and you will never be given the benefit of the doubt. You can go from a decorated hero to being labeled a sexual predator in a matter of hours.

If you are facing charges under Article 120b, not only your career but your future and your freedom are on the line.

Maximum Possible Punishments for Violations of Article 120b: Rape and Sexual of a Child

The maximum punishment, according to Article 120b, varies according to the specific offense. For example:

Rape of a child – Forfeiture of all pay and allowances and confinement for life without eligibility for parole. In addition, rape of a child includes a mandatory minimum sentence of dismissal or dishonorable discharge.

Sexual assault of a child – Forfeiture of all pay and allowances and confinement for 30 years. In addition, rape of a child includes a mandatory minimum sentence of dismissal or dishonorable discharge.

Sexual abuse of a child – Forfeiture of all pay and allowances, confinement for 20 years, and a dismissal or dishonorable discharge.

Do you understand Article 120b of the UCMJ?

There are four separate crimes outlined in Article 120b. Each offense has a unique set of elements.

1. Rape of a child involving contact between penis and vulva or anus or mouth

   • Rape of a child who has not attained the age of 12

   • Rape by force of a child who has attained the age of 12

   • Rape by threatening or placing in fear a child who has attained the age of 12

   • Rape by rendering unconscious a child who has attained the age of 12

   • Rape by administering a drug, intoxicant, or other similar substance to a child who has attained the age of 12

2. Rape of a child involving penetration of the vulva or anus, or mouth by any part of the body or any object

   • Rape of a child who has not attained the age of 12

   • Rape by force of a child who has attained the age of 12

   • Rape by threatening or placing in fear a child who has attained the age of 12

   • Rape by rendering unconscious a child who has attained the age of 12

   • Rape by administering a drug, intoxicant, or other similar substance to a child who has attained the age of 12

3. Rape by rendering unconscious a child who has attained the age of 12

   • Sexual assault of a child who has attained the age of 12 involving contact between penis and vulva or anus or mouth

   • Sexual assault of a child who has attained the age of 12 involving penetration of vulva or anus or mouth by any part of the body or any object

4. Sexual abuse of a child

   • Sexual abuse of a child by sexual contact involving the touching of genitalia, anus, groin, breast, inner thigh, or buttocks of any person

   • Sexual abuse of a child by sexual contact involving the touching of any body part

   • Sexual abuse of a child by indecent exposure

   • Sexual abuse of a child by indecent communication

   • Sexual abuse of a child by indecent conduct

Summary of Article 120b: Regardless of the actual offense, prosecutors are required to prove both the age of the child, the extent of sexual abuse, and the type of abuse or touching that occurred.

How do you defend against Article 120b charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on martial law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various matters and a diverse background of clients.

If you are someone you know is facing Article 120 charges, you need to speak with a Military defense attorney immediately. Please call Crisp and Associates Military at 717-412-4676 for a free consultation.