What is the Maximum Punishment for Sexual Assault in the Military?
The Uniform Code of Military Justice authorizes a maximum punishment for rape as “life without eligibility for parole.” Technically, there is also the possibility that someone being prosecuted for rape could face a death penalty level punishment.
However, most experts agree that death penalty for a rape case would not survive constitutional scrutiny. Until recent changes, the military did not require any mandatory minimum punishment for any offense other than murder. Now the military has certain mandatory minimums with regard to certain of the sexual assault convictions, which would include a required or a mandatory minimum of a Punitive Discharge (whether it be a Bad Conduct Discharge or a Dishonorable Discharge depending upon the conviction).
For questions about sexual assault in the military, contact the Law Office of Jocelyn C. Stewart at 1-888-252-0927.
You Might Also Like These Articles What is the Difference Between NJP and Court-Martial? The difference between non-judicial punishment and court-martial involves multiple factors. This includes… DNA’s Role in “Catching” the Golden State Killer It was by pure coincidence that I finished Michelle McNamara’s posthumously published… For the veteran convicted at court-martial, after clemency requests are made (and most often denied) and all military court-martial appeals…
