What is the Uniform Code of Military Justice (UCMJ) Article 120?
The Uniform Code of Military Justice (UCMJ) Article 120 outlines the rules for prosecuting individuals in the United States military for sexual offenses in the state of North Carolina. This federal law underpins the judiciary authority of the military. Article 120 prohibits sexual offenses such as rape, sexual assault, aggravated sexual assault, and forcible sodomy. The UCMJ applies to anyone in the military, from enlisted personnel to officers and cadets. The UCMJ defines rape as "the carnal knowledge of a female, without her consent". This means that rape is the penetration of the female sex organ with any body part or any object, without consent. Aggravated sexual assault is defined as any sexual act with a person without their consent, or with a person who is impaired or helpless. This offense carries a higher penalty than rape under the UCMJ. The UCMJ also defines forcible sodomy as "any person subject to this chapter who forces another person to engage in a sexual act against their will, or who attempts to do so". This offense carries even higher penalties than rape or aggravated sexual assault. The UCMJ outlines stiff penalties for any individual convicted of such an offense. For example, a person convicted of rape could face dishonorable discharge from military service, forfeiture of all pay and allowances, and confinement for no less than two years, or even up to life in prison. Ultimately, it is important to keep in mind that the UCMJ Article 120 is a strict law which enforces severe penalties for any individual in the United States military convicted of a sexual offense in North Carolina. These penalties serve as a reminder of the importance in protecting victims of sexual assault and serving justice.
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