What is the Uniform Code of Military Justice (UCMJ) Article 120?
The Uniform Code of Military Justice (UCMJ) Article 120 is the primary law governing sexual offenses in the U.S. military. This article outlines various types of violations ranging from sexual harassment to rape and other serious offenses. Article 120 provides strict punishments for any military member who commits a sexual offense against another member of the military. Punishments range from dishonorable discharge, forfeiting of pay, and up to life in prison for more serious offenses. Article 120 also explains what legally constitutes a sexual offense, which includes non-consensual contact; any sexual contact with minors; rape or any attempt to commit rape; sexual assault, or any attempt to commit sexual assault; and indecent conduct. Additionally, Article 120 outlines what must be proven in order to establish a sexual offense case. In order for any sexual offense to be considered a crime in military law, it must be proven beyond a reasonable doubt that the offender acted intentionally, with an intent to commit the offense. As Virginia does not have a separate set of laws governing military personnel, if a military offense is committed within the state of Virginia it is likely to be tried under Article 120 of the UCMJ.
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