Article 120
Military and Veterans Law Center of San Diego, CA

Military Sexual Assault Lawyer

Article 120 of the Uniform Code for Military Justice (UCMJ) deals specifically with charges of sexual assault and rape. A conviction for a sex crime carries heavy penalties for civilians and members of the military. If convicted, a civilian may face a lengthy prison sentence, probation and will have to register as a sex offender.

A member of the armed forces is subject to all of these penalties and more, including discharge from service, loss of benefits, and a permanent spot on the sex offender’s registry. If you are a member of the armed forces in the San Diego area and facing a charge for a sex crime, do not hesitate to contact an experienced military attorney – Stephen Brodsky

Military Sexual Assault and Other Sex Crimes

Accusations of sexual assault and other sex crimes are taken very seriously by the military. If you are caught up in the wrong side of an investigation, it can be very harmful to you both professionally. There’s also the related stress and anguish that’s detrimental to your mental health.

The definition of a sex crime under military law is quite broad and encompasses a wide variety of offenses. Military life can be quite stressful on the individual (particularly a young offender), and as such, actions may have been committed when the accused was not in the right frame of mind. A young service member might be at a party and, with impaired judgment, may commit an act that they would not have otherwise perpetrated when in their right mind. If this applies to you or someone you know in the San Diego area, call today for a consultation.


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    Punishments for Military Sex Crimes

    As stated above, a sex crime defined under Article 120 can cover a broad spectrum of offenses that vary depending on the severity. Cases are tried through court-martial and often result in loss of benefits, a dishonorable discharge, and long-term confinement.

    Under Article 120, rape is defined as any person who commits a sexual act on another person by using unlawful force against the person or using force likely to cause grievous bodily harm or death to the other person. They may also threaten the person with bodily harm or death, rendering the person unconscious or take action without their knowledge or consent (drugging or otherwise causing them to lose consciousness). The maximum punishment for rape, when tried under court martial, can be death or a life sentence.

    Sexual assault is defined as any person who commits a sexual act on another person through threats and intimidation, causing physical harm to the person, using the sex act as a means of threatening someone professionally. Sexual assault also includes a sex act committed when a person is intoxicated or otherwise unable to consent. This includes those with a mental disability. Maximum penalties can include a 2-year prison sentence and a dishonorable discharge.

    Sexual misconduct includes offenses such as unwanted touching of the genitals or parts of the person’s body, indecent exposure, and knowingly photographing or videotaping the genitals of another person without their knowledge or consent.

    Get the Help You Need

    An allegation of rape, sexual assault, and other sexual misconduct can be very damaging to your personal and professional life, even if you can get the charges reduced. Your reputation will be damaged, sometimes irreparably, among your fellow brothers and sisters at arms, family, and friends. A spot on the sex offender registry will impede you in finding employment, housing, and applying for benefits.

    Life for a member of our armed forces is not always cut and dry; a young recruit can be prone to make mistakes. This is why you need the experience of the Law Offices of Stephen Brodsky.