Category: Military Sexual Assault
Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards
Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards Military justice operates under its own unique set of procedures and rules of evidence, yet many servicemembers facing allegations don’t fully understand how evidence works in these proceedings. If you’re currently facing accusations of sexual assault or domestic violence, understanding these concepts could be crucial to your defense. Burden of Proof in Military Trials In military courts, just like civilian courts, the prosecution must…
Understanding Incapacitation in the Context of Article 120
Article 120 of the Uniform Code of Military Justice (UCMJ) has undergone numerous revisions over the past two decades, particularly concerning offenses related to “rape and sexual assault.” In the current version of Article 120, the term “incapable” is central to defining rape and sexual assault, encompassing both the act itself and the alleged victim’s ability to consent. If an individual is rendered unconscious of administered a substance that impairs their ability to appraise or control…
Article 120, UCMJ: What Servicemembers Need to Know About Sexual Offense Allegations
For servicemembers, understanding Article 120 of the Uniform Code of Military Justice (UCMJ) is essential. This section of the UCMJ governs offenses related to rape, sexual assault, and sexual contact. These crimes carry serious consequences, including confinement for decades, dishonorable discharge, and forfeiture of pay and allowances. Whether you are seeking to protect yourself from an allegation or better understand your rights and responsibilities, this guide will break down Article 120 and provide insight into…
