Military prosecutors have a number of different ways to try to prosecute someone for sexual harassment. The first way would be contained in Article 93 of the Uniform Code of Military Justice, what’s known as cruelty or maltreatment. Military prosecutors also have at their disposal, in each of the service branches, various regulatory guidance that punishes sexual harassment. And in those cases the person would be charged under Article 92 for a violation of a lawful general regulation or a lawful general order or even a specific order that’s been put out by that particular base commander.
Each of those definitions though generally and typically makes it punishable if that person has made a quid pro quo type of advance, meaning that in exchange for some benefit to that person’s career they’re demanding a sexual favor, or on the other hand they’re threatening punitive action or to take action against that person’s career if they don’t provide that sexual favor.
The other type of sexual harassment that is punishable under the Uniform Code is if the person is making repeated gestures or comments of a sexual nature. That can also include having material that is offensive or of a sexual nature in an office environment. And it can also include instances when the person even makes a physical contact with the person. At that point, the military prosecutor can charge either sexual harassment or sexual assault, or even both.
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