UCMJ Article 120 of the Uniform Code of Military Justice governs sexual assault offenses in the military. This article outlines serious criminal charges that can lead to severe punishment, including confinement, dishonorable discharge, and forfeiture of benefits. The maximum punishment for UCMJ Article 120 depends on the specific offense charged and the circumstances surrounding the case.

If you’re facing a sexual assault charge under Article 120, understanding the potential consequences and available defenses is critical to protecting your career and freedom.

What Is UCMJ Article 120?

UCMJ Article 120 addresses various forms of sexual misconduct in the military. These offenses include:

• Rape and Sexual Assault
  
  
• Aggravated Sexual Contact
  
  
• Abusive Sexual Contact
  
  
• Aggravated Sexual Assault
  
  
• Sexual Assault
  
  

Each of these charges carries distinct elements and maximum punishments depending on the severity of the offense and the rank of the accused.

What Is the Maximum Punishment for Article 120?

The penalties under UCMJ Article 120 are among the harshest in military law. While each case is fact-specific, here are the general maximum punishments for Article 120 offenses:

🔴 Rape or Sexual Assault:

• Dishonorable discharge
  
  
• Forfeiture of all pay and allowances
  
  
• Confinement for life without the possibility of parole
  
  

🟠 Aggravated or Abusive Sexual Contact:

• Dishonorable discharge
  
  
• Forfeiture of pay and allowances
  
  
• Confinement for up to 20 years
  
  

⚠️ Important Note:

Not every case results in the maximum punishment. Factors like the accused’s prior record, the credibility of the evidence, and mitigating circumstances can influence the outcome of a case.

What Is UCMJ Article 120c?

Article 120c UCMJ covers the wrongful broadcast or distribution of intimate visual images, often referred to as “revenge porn” in civilian law. It became part of the UCMJ in 2015 to address digital privacy violations.

A service member violates Article 120c if they:

• Distribute an intimate visual image without the subject’s consent
  
  
• Intend to cause harm or act with reckless disregard for the impact
  
  

Penalties for Article 120c violations may include:

• Court-martial conviction
  
  
• Confinement
  
  
• Dishonorable discharge
  
  
• Reduction in rank
  
  
• Forfeiture of pay and allowances
  
  

What Are the Best Defenses to Article 120 UCMJ Charges?

Defending against sexual assault charges under UCMJ Article 120 requires a strategic and evidence-based legal approach. Here are some of the most common defenses:

✅ Consent

If it can be demonstrated that the sexual activity was consensual, this may serve as a complete defense—unless the alleged victim was impaired or otherwise unable to consent.

✅ Lack of Evidence

The burden is on the prosecution to prove guilt beyond a reasonable doubt. If the evidence is weak or inconsistent, the defense may argue for dismissal or acquittal.

✅ Mistaken Identity

If there is doubt about the identity of the perpetrator, this defense may help avoid conviction.

✅ Lack of Criminal Intent

If the accused believed the act was consensual and had no intent to commit a crime, this may be a viable defense.

✅ Investigative or Procedural Misconduct

Improper conduct by law enforcement or command—such as violations of rights during questioning—can also be a powerful defense.

Facing UCMJ Article 120 Charges? Contact an Experienced Military Defense Attorney

Sexual assault charges under UCMJ Article 120 can destroy a military career and personal life. The maximum punishment includes life-altering consequences, but a strong legal defense can help you avoid the worst-case scenario.

If you’re being investigated or charged under Article 120, don’t wait to take action. Attorney Peter Kageleiry, Jr. has decades of experience in defending service members against Article 120 allegations. 

📞 Call the Law Office of Peter Kageleiry, Jr. at (757) 504-2815 or contact us online here for a confidential case review.