Punishment for Sexual Assault in the Military

The commission of any crime by a person serving in the U.S. armed forces is a very serious offense that can result in dishonorable discharge, a bad conduct discharge, loss of all pay and allowances, and long periods of incarceration including as long as life in prison without parole.

Protecting members of the armed services from sexual assault has become a priority for those in command. Whether motivated by public pressure or a genuine commitment to ending the victimization of military personnel, each of the branches of the U.S. military now reacts swiftly and decisively when an allegation of sexual assault is filed. Whether the alleged victim is another member of the service, a family member, or an unrelated civilian, military authorities have jurisdiction to investigate and commence disciplinary proceedings against any service member accused of the crime.

Be aware that every U.S. military serviceman or woman has the legal right to counsel and to exercise other defenses under the Uniform Code of Military Justice (UCMJ) and civilian law. If you are involved in a sexual assault investigation by military or civilian authorities, contact Stechschulte Nell, Attorneys at Law in Tampa for experienced criminal defense representation.

What Is Sexual Assault Under the U.C.M.J.?

Article 120 of the U.C.M.J. lists four categories of sexual assault that will be prosecuted and can result in severe penalties if the accused is convicted:

rape
sexual assault
aggravated sexual contact
abusive sexual contact

Rape is defined under the U.C.M.J. as committing a sexual act upon another person by

using unlawful force
using force that causes or is likely to cause grievous bodily harm
threatening of instilling in the victim fear that they will suffer death, grievous bodily harm, or be kidnapped,
first causing the victim to become unconscious, or
administering a drug, intoxicant, or other substance to the victim without their knowledge or consent substantially impairing the person’s ability to assess or control their own conduct.

Penalty for Rape

Rape is punishable by up to life in prison without parole, dishonorable discharge or bad conduct discharge, forfeiture of all pay and allowances (including veteran’s benefits), and sex offender registration for life.

Sexual Assault is defined as any one of three forms of conduct:

committing a sexual act on another person by threatening them or placing them in fear, fraudulently stating that the sexual act will serve a professional purpose, and pretending to be another person either by artifice or by concealing the truth.

committing a sexual act upon a person without their consent when the actor knows or reasonably should know that the victim is asleep, unconscious, or unaware of the sexual activity,

engaging in a sex act upon someone who is not able to consent when the actor knows or should know they are impaired by a drug or intoxicant, or that the victim suffers from a mental or physical impairment.

Penalty for Sexual Assault: The military’s penalty for a sexual assault conviction includes up to 30 years in prison, a dishonorable discharge or bad conduct discharge, forfeiture of all pay and allowances (including veteran’s benefits), and sex offender registration.

Aggravated Sexual Contact is a criminal offense involving sexual contact with someone by use of force or threat of force, or when the victim is unconscious or incapable of consent.

Penalty for Aggravated Sexual Contact: Up to 20 years in prison, a dishonorable discharge, forfeiture of all pay and allowances (including veteran’s benefits), and sex offender registration.

Abusive Sexual Contact is an offense involving sexual contact without the victim’s consent but without the use or the threat of force.

Penalty for Abusive Sexual Contact: Up to 7 years in prison, a dishonorable discharge, forfeiture of all pay and allowances (including veteran’s benefits), and sex offender registration.

Defending Sexual Assault Charges in the Military

Every service member accused of any sexual misconduct needs to consult with an experienced criminal defense lawyer with knowledge of U.C.M.J. procedures. There are significant differences between the civilian prosecution process and the one used in the armed forces. For example, any enlisted man suspected of sexual assault can be ordered into pretrial confinement by any officer, subject to review by an unaffiliated officer within 7 days.

The stigma of a sexual assault charge can be a career-ending event for a U.S. service member. But there are viable and effective defenses that protect defendants from unjust convictions when employed by skilled defense counsel.

Consent – An accused may have engaged in sexual activity with a partner they believed to be fully consenting. Despite mutual consent, one partner may regret the decision and later allege the sex was without their consent. Each case presents a unique set of facts that affect the factfinder’s view of witness credibility, witness reliability, and circumstantial evidence. Experienced defense counsel analyzes every fact and identifies grounds to support the consent.

Motive to Lie – If an allegation of sexual assault is false, the complainant’s misleading testimony may be motivated by revenge, jealousy, ambition, or even a fear of consequences of having exaggerated earlier in the investigation process. False statements regarding sexual assault can result in criminal prosecution of the witness.

Mistaken Identity – In civilian and military prosecutions, the identity of the guilty party must be proven beyond a reasonable doubt. Depending on the circumstances of the case, the witness may have been impaired and unable to perceive, recall, or identify the attacker. Lighting conditions, fear, or other circumstances may make positive ID impossible to prove beyond a reasonable doubt.

Skilled Sex Crime Defense

Stechschulte Nell, Attorneys at Law is an experienced and knowledgeable criminal defense firm ready to defend sexual assault charges lodged against members of the U.S. military. Contact us at 813-280-1244 for a case review. We are available 24/7 to take your call.