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Affirmative Defenses to Sexual Crimes under the UCMJ
| Offense / MCM Para 45 | Possible Affirmative Defense |
| Aggravated sexual assault of a child / Para 45b(4) | Accused reasonably believed the child had attained the age of 16. In offenses where the child had not yet attained the age of 12, mistake of fact as to the child not yet being 12 years old is NOT a defense. |
| Aggravated sexual abuse of a child / Para 45b(6) | |
| Abusive sexual contact with a child / Para 45b(9) | |
| Indecent liberties with a child / Para 45b(10) | |
Rape of non-children / Para 45b(1)(a) through b(1)(e) |
Accused reasonably believed the victim consented to the act or conduct. |
| Wrongful sexual contact / Para 45(b)(13) | |
| Aggravated sexual assault of non-children / Paras 45b(3)(a) through (c) | |
| Aggravated sexual contact with non-children / Paras 45b(5)(a) through (e) | |
| Abusive sexual contact with non-children / Paras 45b(8)(a) through (c) | |
| Aggravated sexual assault (intoxicated or incapable) / Para 45b(3)(c) | It is an affirmative defense that the actor and the victim were married at the time of the act or conduct PROVIDED the defense is not available if the accused’s intent at the time was to abuse, humiliate or degrade. |
| Aggravated sexual assault of a child over 12 / Para 45b(4) | |
| Aggravated abuse of a child / Para 45b(6) | |
| Abusive sexual contact with a child over 12 / Para 45b(9) | |
| Indecent liberties with a child / Para 45b(10) | |
| Wrongful sexual contact / Para 45b(13) | |
| Indecent exposure / Para 45b(14) |