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Update 06-23-01:  Comments Received:
I was reading your UCMJ section and I read all that was on it. I found it very funny that according to the wording only men can commit any type of  rape. I didn't see a defenition of rape besides a man have sex with anyone  other than his wife etc..... It seems like there is a loophole for women  that the Titanic could float through sideways. I truly hope that there is  another section devoted specifically to women in the military. I would  appreciate any information you may have about this and I think the men would  as well.

 

 

Updated 01-2001:

ok you seemed really confused about the military laws. i'm an active duty US Marine. Here's what is written in the Uniform Code of Military Justic about sex.   Also, this is from a pretty official copy of the UCMJ that I requested from my Officer in Charge. See, anyone that is subject to the UCMJ must be provided a copy of the UCMJ upon request.

ART. 120. RAPE AND CARNAL KNOWLEDGE
(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife,
by force and without consent, is guilty of rape and shall be punished by death or such other punishment as
a court-martial may direct.
(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of
sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of
carnal knowledge and shall be punished as a court-martial may direct.
(c) Penetration, however slight, is sufficient to complete either of these offenses

And to clear up the one woman who said that anything besides the missionary position is illegal... the only
thing that comes close to saying anything about that is ART. 125 of the UCMJ-SODOMY

(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the
same or opposite sex or with an animal is guilty of sodomy. Penetration , however slight, is sufficient to
complete the offense.
(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.

Now it might be true that this can be read by some judge advocates as anything besides the missionary
position, it obviously all depends on the times.

Plus there's always the wonderful ART. 134-GENERAL ARTICLE, which states

"Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good
order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces,
and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken
cognizance of by a general, special or summary court-martial, according to the nature and degree of
the offense, and shall be punished at the discretion of that court."

This is also known affectionatly as the catch-all article. Basically it means "whatever we want." Many
times someone will be charged with another article of the UCMJ and also charged with article 134 because
juries are alot more willing to say "he did something wthat brought discredit upon the armed forces" if
there's not enough evidence or whatever to charge with larceny or whatnot.

[EDITOR:  NEW ADDITION TO INFO ON SECTION 134:
Source:  http://www.adtdl.army.mil/cgi-bin/atdl.dll/tats/drillsgt/a01-07.html

       "3)      Article 134 - Carnal knowledge is a violation of this article. Indecent acts or liberties with a
                person under the age of 16. The punishment for Carnal knowledge is a dishonorable
                discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and
                confinement for 15 years."

More Sources:  http://www.fas.org/irp/doddir/usaf/71-101v1.htm   
                        (Air Force Intelligence and Security Doctrine)

                        Army Sexual Harrassment Program   http://www.vanderbilt.edu/Army/TSP/eo.htm



If you want to see a copy of the UCMJ online, try going to any of the military sites like
SOURCE:  http://www.usmc.mil and such.

And this might be of some interest to you too. In case anyone is wondering if the UCMJ applies to them,
here is ART. -PERSONS SUBJECT TO THIS CHAPTER (I copied and pasted this from the link given to me from
usmc.mil, but it's the same as my copy from what I can tell. It's way to big to type out.)

(a) The following persons are subject to this chapter:

(1) Members of a regular component of the armed forces, including those awaiting discharge after
expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the
armed forces; inductees from the time of their actual induction into the armed forces; and other persons
lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they
are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipman.
(3) Members of a reserve component while on inactive-duty training, but in the case of members of
the Army National Guard of the United States or the Air National Guard of the United States only when in
Federal Service.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component who are receiving hospitalization from an armed force.
(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.
(8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other
organizations, when assigned to and serving with the armed forces.
(9) Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying an armed force in the field.
(11) Subject to any treaty or agreement which the United States is or may be a party to any accepted
rule of international law, persons serving with, employed by, or accompanying the armed forces outside
the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin
Islands.
(12) Subject to any treaty or agreement which the United States is or may be a party to any accepted
rule of international law, persons within an area leased by or otherwise reserved or acquired for use of
the United States which is under the control of the Secretary concerned and which is outside the United
States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting
in the armed forces shall be valid for purposes of jurisdiction under subsection (a) and change of status
from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.
(c) Notwithstanding any other provision of law, a person serving with an armed force who--
(1) Submitted voluntarily to military authority;
(2) met the mental competence and minimum age qualifications of sections 504 and 505 of this title
at the time of voluntary submissions to military authority:
(3) received military pay or allowances; and
(4) performed military duties: is subject to this chapter until such person's active service has been
terminated in accordance with law or regulations promulgated by the Secretary concerned.
(d)(1) A member of a reserve component who is not on active duty and who is made the subject of proceedings
under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter
may be ordered to active duty involuntary for the purpose of-
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or
(C) non judicial punishment under section 815 of this title (article 15).
(2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect
to an offense committed while the member was
(A) on active duty; or
(B) on inactive-duty training, but in the case of members of the Army National Guard of the United
States or the Air National Guard of the United States only when in Federal service.
(3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations
prescribed by the President.
(4) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene
general courts-martial in a regular component of the armed forces.
(5) A member ordered to active duty under paragraph
(1), unless the order to active duty was approved by the Secretary concerned, may not--
(A) be sentenced to confinement; or
(B) be required to serve a punishment of any restriction on liberty during a period other than a
period of inactive-duty training or active duty (other
than active duty ordered under paragraph (1)).

 

 

920. ART. 120. RAPE AND CARNAL KNOWLEDGE
(updated thanks to NH)

(a) Any person subject to this chapter who commits an act of sexual intercourse with a
female not his wife, by force and without consent, is guilty of rape and shall be punished
by death or such other punishment as a court-martial may direct.

(b) Any person subject to this chapter who, under circumstances not amounting to rape,
commits an act of sexual intercourse with a female not his wife who has not attained the
age of sixteen years, is guilty of carnal knowledge and shall be punished as a
court-martial may direct.

(c) Penetration, however slight, is sufficient to complete either of these offenses.

Source:  http://jaglink.jag.af.mil/ucmj2.htm#920

Second Source:   gopher://wiretap.area.com:70/00/Gov/UCMJ/ucsub10

New Source of How Military Law is handled:  http://jaglink.jag.af.mil/ucmj.htm

Updated 09-2000
925. ART. 125. SODOMY

(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same
or opposite sex or with an animal is guilty of sodomy. Penetration , however slight, is sufficient to complete the
offense.

(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.

Source:  http://jaglink.jag.af.mil/ucmj2.htm#925

 

RESEARCHER NOTES:
This was sent to us via email.  We have not been able to prove or disprove the information contained in this article.  It is presented without comment.

Updated 10-99:  We have received lots of mail on this subject as well as the "U.S. Citizens Travelling abroad" section.  It is rather interesting.

Subject:  Military Consent Laws
Date:      Tue, 08 Jun 1999 21:46:27 PDT
From:     [removed]

Hi,
I thought I would send some more on the military's consent laws. As far as I
remember the UCMJ does not give an age as to what can be considered
"Indecent acts with a Minor" which is officially charged under Article 134.
i belive most Staff judge advocates (Military prosecutors) wont prosecute if
the person is over 16. Also this law does not apply to national guardsmen
or reserves unless they are ordered to active duty. There are exceptions to
the law as in every case. They are legally married by the state of their
residence, or the woman is having the servicemember's child or the
reversal.

THIS ADDED NEW INFORMATION REGARDING SEXUAL ABUSE OF A MINOR:
Subject:  Military age of consent
Date:      Fri, 19 Mar 1999 22:52:56 -1000 (HST)
From:     [removed]

I am a police officer in the USAF. I noticed the article on your age of consent site from the Air Force member stating that the Air Force age of consent was 18. That information is false! The age of consent under the UCMJ, which covers all branches of the military, is 16. Article 120 of the UCMJ describes Carnal knowledge as : (a) accused committed an act of sexual intercourse with a certain female; (b) Female was not the accused's wife; and (c) at te time of the sexual intercourse the female was under 16 years of age.

An associated offense is statutory rape under 18 USC 2243(a) Sexual abuse of minor. "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowigly engages in a sexual act with another person who: 1. Has attained the age of 12 years but has not attained the age of 16 years; and 2. Is at least four years younger than the person so
engaging; or attempts to do so."

AND THIS EMAIL CONFUSED THE ISSUE AGAIN!
Subject:  Age of consent for the military
Date:  Mon, 26 Oct 1998 00:06:13 -0100
From:   [removed] however came from a USAF domain

On your web site you have the age of consent for USA-military at 16. I can not speak for all branches of the military, but since they all use the Uniform Code of Military Justice (UCMJ), I would have to assume the age of consent is the same for all branches. In the U.S. Air Force, the age of
consent is 18. I was stationed in Alaska for several years. One of the points that was stressed to young, single airmen was that even though the age of consent for Alaska is 16, the military members could be tried under the UCMJ for any sexual acts with anyone under the age of 18, regardless of
state law.

Currently I am stationed in Portugal and the same law applies to us here. Even though Portuguese law has a lower age of consent, U.S. Air Force members are required to abide by the UCMJ age of 18.

MKW

 

 

Hunter Airfield soldiers charged with statutory rape

SAVANNAH - Two Hunter Army Airfield soldiers have been charged with statutory rape for allegedly having sex with two juvenile girls on base last month.

An 18-year-old Savannah woman also is being investigated by the Army in conjunction with the U.S. Attorney's office in Savannah for possibly bringing the girls, ages 12 and 13, to the soldiers' barracks May 20.

Pfc. Steven D. Robinson, 20, was charged Tuesday with two counts of statutory rape, one with each girl, and one count of sodomy with the 13-year-old, who is from Midway. The 12-year-old is from Savannah.

Spec. Ovando C. Hall, 24, is charged with one count of statutory rape with the 13-year-old.

Pfc. Robinson also is charged with purchasing alcoholic beverages for persons under 21.

Both soldiers are members of the 3rd Battalion, 160th Special Operations Aviation Regiment. They remain free on their own recognizance.

The soldiers allegedly had sex with the juveniles in their barracks between 9 p.m. and midnight May 20. There has been no evidence so far that the soldiers forced themselves upon the girls, said Capt. Dallas Eubanks, an Army spokesman for Hunter Army Airfield and Fort Stewart in Hinesville.

However, consensual sex with anyone under 16 can be considered statutory rape under military law.

``We're just trying to get to the bottom and truth of what happened,'' Capt. Eubanks said.

Although Hunter closes its gates at 9 p.m., it would have been possible for the girls to get inside the base during the day, Capt. Eubanks said. He would not speculate on what the 18-year-old woman could be charged with for possibly bringing the girls in.

The soldiers have been appointed military lawyers. If convicted the soldiers face penalties of up to 20 years confinement, forfeiture of pay and allowance and dishonorable discharges.

The next step in the military justice system is a hearing similar to a grand jury session, where all the evidence will be heard to determine if a court martial is warranted.

EMAIL RECEIVED:

From: Wicks M SrA 65CS/SCBC
Subject: Age of consent for the military
Date: Mon, 26 Oct 1998 00:06:13

On your web site you have the age of consent for USA-military at 16. I can not speak for all branches of the military, but since they all use the Uniform Code of Military Justice (UCMJ), I would have to assume the age of consent is the same for all branches.

In the U.S. Air Force, the age of consent is 18. I was stationed in Alaska for several years. One of the points that was stressed to young, single airmen was that even though the age of consent for Alaska is 16, the military members could be tried under the UCMJ for any sexual acts with anyone under the age of 18, regardless of state law.

Currently I am stationed in Portugal and the same law applies to us here. Even though Portuguese law has a lower age of consent, U.S. Air Force members are required to abide by the UCMJ age of 18. MKW

 

EMAIL RECEIVED:

Subject:   military consent
Date:      Wed, 29 Sep 1999 04:10:52 EDT
From:    [removed]
To:        research@ageofconsent.com

My fiance is in the military so I am only doing by what he said.

According to him and his superiors in the U.S. Army, any act of a sexual nature beyond the missionary position with the man on top is illegal and therefore punishable by all the silly things they can do. That includes 20 years in jail, dishonorable discharge and so on and so forth. "Any act"
includes anything oral, involving men and women, men and men, women and women, animals, whatever. Literally anything other than missionary postion.   He also says that the Army is deathly afraid of gays and lesbians. In his experience, the Army will release you very quickly if it happens to suspect such things. It really is "don't ask, don't tell" because if you do, you're out.

If you'd like, I will see if I can get my hands on a handbook or something with that info in it. But I seriously doubt it exists in print except hidden away so they can get to it if they need it. I will do my best though.  Keep doing what you're doing. And good luck!

Subject: Update and correction of US Military guidelines...
Date:    Tue, 21 Sep 1999 23:14:31 -0400
From:   [removed]

In regards to your entry under US Military personnel, please take a look
at the following information:

Chapter 920
Article 120
Paragraph B

Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.

The paragraph above was found on the United States Air Force Judge Advocate General website under the heading UNIFORM CODE OF MILITARY JUSTICE. The below URL (Including spaces) is a link directly to the appropriate paragraph.

http://jaglink.jag.af.mil/ucmj2.htm#920. ART. 120. RAPE AND CARNAL
KNOWLEDGE


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