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.
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