Sexual Offenses Under Article 120 UCMJ

Contact Us for Strong Military Sex Crimes Defense in Virginia

If you have been accused of a sex offense, or are facing sex offense charges under Article 120 of the Uniform Code of Military Justice (UMCJ), you need to retain a civilian criminal defense attorney who has a significant military justice background. 

These charges not only threaten your military career but can also lead to significant legal repercussions, including imprisonment, dishonorable discharge, and loss of benefits. McCormack & McCormack is dedicated to providing robust military sex crimes defense, ensuring that your rights are protected and your case is vigorously defended.

If you’re facing charges for sexual offenses under Article 120, don’t wait! Schedule your free legal consultation today by calling (888) 490-0876 or reaching out online.

Understanding Article 120 of the Uniform Code of Military Justice (UCMJ)

Article 120 of the UCMJ addresses various sexual offenses, including:

• Rape: Non-consensual sexual intercourse with another person, which can include coercion or the inability of the victim to consent.
• Sexual Assault: This encompasses a range of non-consensual sexual acts that do not meet the definition of rape but still involve inappropriate physical contact or conduct.
• Abusive Sexual Contact: This involves sexual contact with another person without their consent, but without completion through force.
• Aggravated Sexual Contact: This involves sexual contact with another person without their consent, but under circumstances that elevate the offense's severity because of the use of force or coercion.

Each of these charges is taken seriously within the military justice system and carries significant penalties.

What are the Penalties for Article 120 Charges?

As an active duty service member, if you are convicted of a sex offense in the military justice system, you may face severe punishments including a dishonorable discharge, decades in prison, and mandatory registration as a sex offender. 

When your future is on the line, do not waste any time in contacting McCormack & McCormack.

Defense Strategies for Article 120 Charges

A variety of defense strategies can be employed in cases involving sexual offenses under Article 120 UCMJ. The choice of strategy will depend on the specific circumstances of your case:

• Consent: Demonstrating that the alleged act was consensual is often a key defense. This may involve presenting evidence or witness testimonies that support the assertion of consent.
• False Allegations: In some cases, individuals may face false allegations motivated by personal disputes, revenge, or misunderstandings. Establishing a motive for the accuser to fabricate the story can be crucial.
• Insufficient Evidence: Challenging the prosecution's evidence is essential. If there are gaps or inconsistencies in the evidence presented, this can weaken their case significantly.
• Mental Incapacity: In certain circumstances, a defendant may not have the mental capacity to understand the nature of their actions or to consent. This defense requires thorough psychological evaluation and expert testimony.
• Violation of Rights: If the accused’s rights were violated during the investigation or arrest—such as unlawful searches or lack of proper legal representation—this could lead to the dismissal of charges.

McCormack & McCormack is dedicated to providing personalized and committed defense strategies tailored to the unique circumstances of each case. Our focus on thorough preparation, clear communication, and unwavering support ensures that your rights are vigorously defended.

Protect your rights against Sexual Offenses under Article 120 UCMJ. Schedule your free legal consultation by calling (888) 490-0876 or contacting us online today!

Navigating the Military Justice System

The military justice system operates differently from civilian courts. It involves unique procedures, including:

• Investigative Processes: Typically initiated by command authorities, these investigations can include interviews, gathering of evidence, and the possibility of administrative actions.
• Article 32 Hearing: This preliminary hearing determines whether there is enough evidence to proceed to a court-martial. It is an essential stage where your defense can challenge the validity of the charges.
• Court-Martial: If the case proceeds, it will go to a court-martial, which can be composed of military personnel. Understanding the court-martial process and the roles of the members involved is vital for an effective defense.

Why Choose Our Court-Martial Defense Attorney?

• Proven track record defending military clients against sexual assault charges – numerous acquittals in fully contested jury trials
• Former member of the U.S. Army Judge Advocate General's Corps
• Previous service as a military prosecutor and defense counsel
• Fully prepared to litigate the most difficult sex offense cases in front of military juries
• Aggressive approach in trial and outstanding cross-examination skills
• Highly experienced military paralegal support system

Powerful Defense Against Sex Offense Allegations

Sexual assault accusations can occur when a person engages in sexual conduct and the alleged victim alleges that he/she:

• Is placed in fear for their health or safety
• Incurs or is threatened with bodily harm
• Does not consent to the sexual act
• Cannot consent due to impairment of drugs or alcohol
• Is asleep or unconscious when the act occurs

Allegations of rape or other sexual offenses are relatively simple to level, but can be enormously difficult to overcome. The military justice system often sides with the alleged victim, despite the fact that the accused is to be legally considered innocent until proven guilty.

Contact Us Now

Make no mistake, if you have been accused of a sex crime, your freedom and future is on the line. 

The current environment in the military, as well as in the civilian community towards sex offenses has reached the point where a person accused of a sex offense is effectively assumed to be guilty, rather than presumed to be innocent as the law requires. 

Over the past several years, significant changes in the Rules for Courts-Martial have been implicated to “protect” the rights of the alleged victim. Regrettably, those changes have significantly reduced the protections afforded to the person accused of the sex offense. The accusation alone can call literally destroy your character – your name and rank may appear in a military newspaper, and even in civilian media. If convicted of a sex offense, your career is destroyed and you may face a substantial time in prison. Even after completing any sentence imposed, you will face a life-time of sex offender registration.

Unfortunately, time may not be a luxury you possess which is why it is critical to contact McCormack & McCormack as soon as possible.

Take the first step in your case now by contacting McCormack & McCormack for a confidential case evaluation to discuss the situation. Call at (888) 490-0876 to speak to our Article 120 defense attorney about the details of your case.