Aggravated Sexual Assault MCM 45b(3) – Article 120 UCMJ

military-defense-lawyersThule_Air_Base_aerial_viewAggravated Sexual Assault is causing another person to engage in a “sexual act”:

  • by using threats of or creating fear of bodily harm or other harm less than death, grievous bodily harm or kidnapping
  • or by causing bodily harm
  • or the other person is substantially incapacitated or unable to appraise the act, decline it or communicate unwillingness

The definition of sexual act is the same as defined under rape.

“Threatening” bodily harm “less than death, grievous bodily harm or kidnapping” includes such non-physical threats as to accuse another of a crime; to publish a secret exposure of which could subject the victim to ridicule, hatred or contempt; or abuse military rank to affect another’s career. MCM 45a(t)(7)

“Bodily harm” means offensive touching of another, however slight, and includes touching someone other than the victim if that contributes to the victim’s submission to the act. MJ Benchbook 34-5-d

Attorney Aggravated

Article 120