Court-martial attorney Jocelyn Stewart explains how the military defines sexual assault.
The military defines sexual assault in at least two very distinct ways. First, you may hear the term sexual assault used to describe very generally the multitude of different offenses under Article 120 of the Uniform Code of Military Justice. Sexual assault in that sense can be used to discuss or describe any of the offenses, including something as an offensive touching all the way up to a full-blown penetrative rape.
On the other hand, one of those offenses under the Uniform Code of Military Justice is now called “sexual assault.” And it is a penetrative assault against a person under certain other circumstances that would be required to prove the other elements of that offense.
For questions about sexual assault in the military, contact the Law Office of Jocelyn C. Stewart at 1-888-252-0927.