UCMJ ARTICLE 120: SEXUAL ASSAULT VS. SEXUAL CONTACT UNDER MILITARY LAW
Article 120 of the Uniform Code of Military Justice (UCMJ) governs the prosecution of sexual misconduct in the United States Armed Forces. It defines a spectrum of offenses—including rape, sexual assault, aggravated sexual contact, and abusive sexual contact—each with its own legal structure, burden of proof, and sentencing potential. Unlike civilian criminal systems, Article 120 charges are consolidated under a single statute, making it both comprehensive and, in many cases, unforgiving.
The law makes no distinction between whether the accuser is a civilian or military member. Allegations alone—without physical evidence or witness corroboration—can trigger a full-scale criminal investigation, pretrial confinement, and court-martial. For service members, that means your rank, benefits, retirement, and long-term future may hinge on how this statute is applied to your case.
Convictions under Article 120 carry automatic punitive discharge, total forfeiture of pay and benefits, mandatory sex offender registration, and, in the most serious cases, life imprisonment without parole. Even service members who are not convicted may still face administrative separation or career-ending consequences simply from the allegation itself. Understanding what Article 120 covers, how the offenses are structured, and where your alleged conduct fits into that framework is not just informational—it’s foundational to your defense.
DEFINING RAPE, SEXUAL ASSAULT, AND CONTACT OFFENSES UNDER UCMJ ARTICLE 120
Article 120 divides sexual misconduct into four major offenses, each with different legal elements and maximum penalties:
Rape
Defined as non-consensual sexual acts involving penetration, committed under circumstances such as:
- Use of force or threat of force
- Threats of death, grievous bodily harm, or kidnapping
- Rendering the victim unconscious
- Administering a drug or intoxicant to impair resistance or awareness
Penalty: Life imprisonment without parole, dishonorable discharge, full forfeiture, and lifetime sex offender registration.
Sexual Assault
Also involves a sexual act but under broader coercive conditions, including:
- Threats not rising to the level of rape
- Fraud or misrepresentation (e.g., professional duty, false identity)
- Victim is asleep, unaware, or intoxicated
- Lack of valid consent, even in the absence of force
Penalty: Up to 30 years confinement, dishonorable discharge, total forfeitures, and sex offender registration.
Aggravated Sexual Contact
Refers to intentional, non-penetrative sexual touching under the same coercive conditions as rape. Touching may occur over clothing or directly and must involve:
- Intent to gratify, abuse, degrade, or humiliate
- Conduct done without consent, while the victim is incapacitated, or under threat
Penalty: Up to 20 years confinement, dishonorable discharge, and forfeiture of all pay and allowances.
Abusive Sexual Contact
Similar to aggravated sexual contact, but committed under circumstances that would qualify as sexual assault if penetration had occurred.
Penalty: Up to 7 years confinement, dishonorable or bad conduct discharge, and total forfeitures.
Understanding whether your alleged conduct falls under “sexual act” or “sexual contact” is not a matter of legal technicality—it determines the charges, the required evidence, and the defense strategy. In Article 120 cases, the legal definitions are rigid, but the facts are often gray. And that’s where most military sexual assault prosecutions begin: not in what happened, but in how it’s interpreted.
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WHEN A SEXUAL CONTACT ACCUSATION IS CHARGED AS SEXUAL ASSAULT
One of the most critical legal challenges in Article 120 cases is misclassification. Conduct that may legally qualify as non-penetrative sexual contact is often escalated to a sexual assault charge during investigation or referral—placing the service member at risk of decades of confinement and mandatory discharge for an act that may not meet the statute's threshold.
The core distinction between sexual assault and sexual contact lies in whether the act involved penetration. If the allegations describe touching rather than a sexual act, or if the accuser's account is vague, inconsistent, or lacks forensic support, the government may have overcharged. And under military law, that matters. Sexual assault requires proof of a specific act, absence of consent, and—crucially—intent. Without all three elements, the charge should not survive scrutiny.
A properly structured defense focuses not only on what happened, but on how it’s defined.
- Was the physical interaction clearly sexual in nature?
- Was there any sexual act, or only contact?
- Did both parties understand what was happening?
- Were there signals, misread cues, or outside pressures at play?
Your legal team’s first job is to narrow the focus back to the legal core of the accusation—and refuse to let assumptions, optics, or command pressure rewrite what actually occurred.
WHEN IT’S NOT JUST ABOUT THE LAW—IT’S ABOUT WHO’S FIGHTING FOR YOU
Article 120 charges don’t just test your version of events—they test the system’s ability to treat your case fairly. The definitions are dense. The stakes are steep. And from the moment you're accused, the weight shifts to your side of the table.
This isn’t the time for generic legal help. It’s the time for courtroom experience—by someone who knows what it means to face military prosecution from both sides of the aisle.
Joseph Jordan is a former Army Judge Advocate who has defended service members in some of the most serious Article 120 cases across every branch. He understands the difference between a sexual contact allegation and a sexual assault conviction—and more importantly, how that difference gets misapplied.
When the charges are overreaching, when the evidence is unclear, when your intent is being rewritten—you need a military defense attorney who doesn’t just know the law. You need someone who’s stood in your boots, and knows exactly what’s at stake if you lose.
DON’T LET A MISCLASSIFIED CHARGE DEFINE YOUR CAREER
If you’ve been accused under Article 120, you already know what’s at stake: your rank, your record, your reputation, and your right to move forward. What you may not know is how quickly a contact-level allegation can escalate into a career-ending assault charge—and how few lawyers understand how to stop it.
Joseph L. Jordan, Attorney at Law, brings the courtroom clarity and military insight that Article 120 cases demand. He doesn’t just know the law—he knows how the system works, and how to push back when it overreaches.
If you’re ready to take control of your defense, call (888) 616-6177 or (254) 340-0867 for a confidential consultation. The charges are already moving. Now it’s your move.
Accused of a Crime Under Article 120b? Your Defense Begins Now.
Allegations involving a minor are prosecuted aggressively—and carry consequences that last a lifetime. Joseph Jordan is a former Army JAG with extensive court-martial experience in Article 120b cases. If you're facing charges related to sexual misconduct involving a child, now is the time to act.
👉 Learn more about defending Article 120b charges
Facing Allegations Under Article 120c? Every Detail Matters.
Even lesser sexual misconduct charges under Article 120c can lead to punitive discharge, career loss, and public registration. Joseph Jordan has defended service members against a wide range of UCMJ allegations with proven courtroom results.
👉 Explore your defense options for Article 120c accusations
FREQUENTLY ASKED QUESTIONS ABOUT UCMJ ARTICLE 120
What’s the difference between sexual assault and sexual contact under Article 120?
The core distinction lies in the act itself. Sexual assault involves a sexual act, typically requiring some form of penetration. Sexual contact, by contrast, involves intentional touching of intimate areas without penetration. While both are serious, sexual assault carries significantly higher penalties.
Does Article 120 apply if the accuser is a civilian?
Yes. Article 120 draws no legal distinction between military and civilian accusers. If the alleged misconduct involves a service member, the Uniform Code of Military Justice applies regardless of the complainant’s status.
What if there was consent—but the command says otherwise?
Consent is a legal defense, but its effectiveness depends on how it’s presented and whether it aligns with available evidence. Misunderstood signals, post-event regret, or command assumptions often complicate how consent is interpreted in court-martial proceedings.
Can you be convicted of sexual assault without physical evidence?
Yes. Military prosecutors can—and often do—move forward with charges based solely on testimony. While the lack of physical evidence may weaken the case, it does not prevent prosecution. This makes early, strategic legal representation critical.
Is pretrial confinement common in Article 120 cases?
It can be. In serious cases such as rape or aggravated sexual assault, service members may be placed in pretrial confinement, sometimes even without formal charges filed. Legal counsel can petition for review and potentially secure release before trial.
What are the possible defenses against an Article 120 charge?
Common defenses include consent, mistake of fact as to consent, lack of evidence, false accusation, or misclassification of the conduct (e.g., contact charged as assault). Every case requires individualized strategy based on the facts and procedural history.