Military Rape and Military Sexual Assault Cases – Rape and Sexual Assault of a Child (UCMJ Article 120b) – Military Defense Lawyer

RAPE OF A CHILD ALLEGATION:

A military member who —
(1) commits a sexual act upon a child who has not attained the age of 12 years; or
(2) commits a sexual act upon a child who has attained the age of 12 years by —
(A) using force against any person;
(B) threatening or placing that child in fear;
(C) rendering that child unconscious; or
(D) administering to that child a drug, intoxicant, or other similar substance.

SEXUAL ASSAULT OF A CHILD ALLEGATION: A military member who commits a sexual act upon a child who has attained the age of 12 years.

SEXUAL ABUSE OF A CHILD ALLEGATION: A military member who commits a lewd act upon a child. Under this military offense, a lewd act means —

(1) any sexual contact with a child;
(2) intentionally exposing “private parts” to a child in person or through electronic or other communications (with improper sexual intent);
(3) intentionally communicating indecent language to a child in person or through electronic or other communications (with improper sexual intent);
(4) any indecent conduct, intentionally done with a child or in the presence of a child, including via any communication technology (with improper sexual intent).

AGE OF THE CHILD NAMED IN THESE MILITARY ALLEGATIONS:

With regard to the age of the child named in these military allegations, if the case is charged as a CHILD UNDER 12 YEARS, the prosecution does not need to prove that the accused military member knew the age of the child. It is not a defense that the accused military member believed the child had attained the age of 12 years (since that age is still below the age of legal consent).

With regard to the age of the child named in these military allegations, if the case is charged as a CHILD UNDER 16 YEARS, the prosecution does not need to prove that the accused military member knew the child had not attained the age of 16 years, but it is a defense in a prosecution under Sexual Assault of a Child or Sexual Abuse of a Child in which the accused military member must prove, by a preponderance of the evidence, that the accused military member reasonably believed that the child had attained the age of 16 years, if the child had, in fact, attained at least the age of 12 years. In other words, if the case is charged as a child under 16 years, and the alleged child victim was, in fact, at least 12 years old, the accused military member can raise the mistake of fact defense that he/she reasonably believed the child was 16 years or older (which is the age of legal consent in the military). This can be proven, for example, through conversations with the alleged victim and/or others, emails, text or chat messages, photos that look to be at least 16 years old, etc.

As described on the main web page regarding Military Rape and Military Sexual Assault cases, the climate in the military justice system is particularly challenging for military members accused of these offenses.

Please see Climate Descriptions of the Military Justice System on the main web Military Rape and Sexual Assault Cases page.

Based on the subject matter of these cases, they are extremely serious and can be very complicated and emotional cases which involve medical experts and psychological experts. Attorney Richard V. Stevens has handled many alleged child sexual abuse cases within the military justice system. These cases often involve attorney questioning of young children on the witness stand, after they have undergone questioning by other professionals, such as forensic child interviews conducted during the investigation.

Please see the following example of a recent Military Sexual Assault of a Child case successfully defended in a court-martial trial by civilian court-martial defense lawyer Richard V. Stevens:

Military Sexual Assault of a Child Case Example

Please see the following examples of 26 military rape and/or sexual assault cases defended by civilian court-martial defense lawyer Richard V. Stevens over the past few years that were successfully defended and/or dropped:

26 Military Sexual Assault Cases (2021-2025)

Other Successful Defense Results in Our Military Rape and Sexual Assault Cases Over the Years:

Our blog contains numerous posts addressing how we have successfully defended military members facing rape and sexual assault allegations over the many years of our military legal defense practice. There are also many posts on our blog addressing what is happening in the military justice system with these alleged sexual assault cases. Just use the search function in the blog to review these posts. Type in search terms such as “rape” or “sexual assault.” No defense lawyer can guarantee a result in a case, but we can guarantee the benefit of our extensive experience and our skill in litigating these cases. Under the UCMJ, cases such as these are covered by the following Articles:

Handling these cases requires the expertise of a skilled military defense lawyer. The accused military member in these cases could face significant jeopardy – a military disciplinary action that damages their career progression, a possible involuntary administrative discharge, or a possible court-martial trial. In the event of a military court-martial trial, the accused military member faces a possible federal sex crime conviction, potentially very lengthy prison sentence, bad conduct discharge, dishonorable discharge or dismissal (depending on rank), reduction in rank, forfeitures of pay and allowances, sex offender registration requirement, and a variety of other legal, professional, personal, and family consequences.

Military defense attorney Richard V. Stevens is often considered a subject matter expert in military rape and sexual assault cases – having defended countless alleged military sexual assault cases over the years with successful results. He has also been in contact with members of Congress and/or their staffs over these issues and has been sought by media outlets as an expert in the subject. Initial case consultations are free, and it is crucial that you are prepared for the tough fight ahead in these cases!

Attorney Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations. If you’re facing these very serious military allegations regarding claims of Military Rape of a Child and/or Military Sexual Assault of Child, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

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