The military’s definition of what legally constitutes the offense of rape has changed multiple times since 2007. Formerly, it was most simply understood as sexual intercourse by force and without consent. In the most recent amendments to the rape article under Article 120 of the UCMJ, rape can also include instances where the victim has been drugged to unconsciousness. When the person has submitted to sexual intercourse by virtue of threats of use of force that could cause death or grievous bodily harm.
Even if a particular allegation of sexual-assault-based crime does not contain any of those most serious elements as I’ve just explained to you, it’s important to understand that the military’s overhaul of Article 120 has expanded the realm of sexual assault to include multiple different types of both penetrative and non-penetrative types of crimes. In order to assess whether or not the facts of what’s being alleged against you amounts to a crime under Article 120, it is imperative that you speak with – as soon as absolutely possible – an attorney who is well-versed in these matters.
For questions about rape in the military, contact the Law Office of Jocelyn C. Stewart at 1-888-252-0927.