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10 U.S.C. § 920 — Art. 120. Rape and sexual assault generally
Federal law — U.S. Code and appendices · legal_authorities
**(a) Rape.—** Any person subject to this chapter who commits a sexual act upon another person by—
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or grievous bodily harm to any person;
(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may direct.
**(b) Sexual Assault.—** Any person subject to this chapter who—
(1) commits a sexual act upon another person by—
(A) threatening or placing that other person in fear;
(B) making a fraudulent representation that the sexual act serves a professional purpose; or
(C) inducing a belief by any artifice, pretense, or concealment that the person is another person;
(2) commits a sexual act upon another person—
(A) without the consent of the other person; or
(B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
i
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Source file: Laws/federal/codes/united-states-code/title-10/section-920-art-120-rape-and-sexual-assault-generally--6648ac3ce1.md
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Source location: Title 10, Chapter 47, § 920; chapter-047-uniform-code-of-military-justice.md
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**(a) Rape.—** Any person subject to this chapter who commits a sexual act upon another person by—
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or grievous bodily harm to any person;
(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may direct.
**(b) Sexual Assault.—** Any person subject to this chapter who—
(1) commits a sexual act upon another person by—
(A) threatening or placing that other person in fear;
(B) making a fraudulent representation that the sexual act serves a professional purpose; or
(C) inducing a belief by any artifice, pretense, or concealment that the person is another person;
(2) commits a sexual act upon another person—
(A) without the consent of the other person; or
(B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
is guilty of sexual assault and shall be punished as a court-martial may direct.
**(c) Aggravated Sexual Contact.—** Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct.
**(d) Abusive Sexual Contact.—** Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (b) (sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct.
**(e) Proof of Threat.—** In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.
**(f) Defenses.—** An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.
**(g) Definitions.—** In this section:
(1) **Sexual act.—** — The term “sexual act” means—
(A) the penetration, however slight, of the penis into the vulva or anus or mouth;
(B) contact between the mouth and the penis, vulva, scrotum, or anus; or
(C) the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.
(2) **Sexual contact.—** — The term “sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.
(3) **Grievous bodily harm.—** — The term “grievous bodily harm” means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose.
(4) **Force.—** — The term “force” means—
(A) the use of a weapon;
(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or
(C) inflicting physical harm sufficient to coerce or compel submission by the victim.
(5) **Unlawful force.—** — The term “unlawful force” means an act of force done without legal justification or excuse.
(6) **Threatening or placing that other person in fear.—** — The term “threatening or placing that other person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.
(7) **Consent.—**
(A) The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.
(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (B) or (C) of subsection (b)(1).
(C) All the surrounding circumstances are to be considered in determining whether a person gave consent.
(8) **Incapable of consenting.—** — The term “incapable of consenting” means the person is—
(A) incapable of appraising the nature of the conduct at issue; or
(B) physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sentence Maximums.—** The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
**(b) Sentence Minimums for Certain Offenses.—**
(1) Except as provided in subsection (c) 11 See References in Text note below. of [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable.
(2) The offenses referred to in paragraph (1) are as follows:
(A) Rape under subsection (a) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120).
(B) Sexual assault under subsection (b) of such section (article).
(C) Rape of a child under subsection (a) of [section 920b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920b&num=0&edition=prelim) (article 120b).
(D) Sexual assault of a child under subsection (b) of such section (article).
(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80).
(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim) (article 81).
**(c) Imposition of Sentence.—**
(1) **In general.—** — In sentencing an accused under [section 853 of this title](https://uscode
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person’s former status.
**(b)** Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.
**(c)** No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.
**(d)** A member of a reserve component or the Space Force who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) No Limitation for Certain Offenses.—** A person charged with absence without leave or missing movement in time of war, with murder, rape or sexual assault, or rape or sexual assault of a child, maiming of a child, kidnapping of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation.
**(b) Five-year Limitation for Trial by Court-martial.—**
(1) Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(2)
(A) A person charged with having committed a child abuse offense against a child is liable to be tried by court-martial if the sworn charges and specifications are received during the life of the child or within ten years after the date on which the offense was committed, whichever provides a longer period, by an officer exercising summary court-martial jurisdiction with respect to that person.
(B) In subparagraph (A), the term “child abuse offense” means an act that involves abuse of a person who has not attained the age of 16 years and constitutes any of the following offenses:
(i) Any offense in violation of section 920, 920a, 920b, 920c, or 930 of this title (article 120, 120a, 120b, 120c, or 130), unless the offense is covered by subsection (a).
(ii) Aggravated assault, assault consummated by a battery, or assault with intent to commit specified offenses in violation of [section 928 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section928&num=0&edition=prelim) (article 128).
(C) In subparagr
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Confidential Review Process Through Boards for Correction of Military Records.—** The Secretaries of the military departments shall each establish a confidential process, utilizing boards of the military department concerned established in accordance with this chapter, by which an individual who was the victim of a sex-related offense, or alleges that the individual was the victim of a sex-related offense, during service in the armed forces may challenge the terms or characterization of the discharge or separation of the individual from the armed forces on the grounds that the terms or characterization were adversely affected by the individual being the victim of a sex-related offense.
**(b) Consideration of Individual Experiences in Connection With Offenses.—** In deciding whether to modify the terms or characterization of the discharge or separation from the armed forces of an individual described in subsection (a), the Secretary of the military department concerned shall instruct boards of the military department concerned established in accordance with this chapter—
(1) to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the sex-related offense; and
(2) to determine what bearing such experience may have had on the circumstances surrounding the individual’s discharge or separation from the armed forces.
**(c) Preservation of Confidentiality.—** Documents considered and decisions rendered pursuant to the process required by subsection (a) shall not be made available to the public, except with the consent of the individual concerned.
**(d) Sex-related Offense Defined.—** In this section, the term “sex-related offense” means any of the following:
(1) Rape or sexual assault under subsection (a)
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Action on Complaints Alleging Sexual Harassment.—** A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.
**(b) Commencement of Investigation.—** To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—
(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and
(2) advise the complainant of the commencement of the investigation.
**(c) Duration of Investigation.—** To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.
**(d) Report on Investigation.—** To the extent practicable, a commanding officer or officer in charge shall—
(1) submit a final report on the results of the independent investigation, inc
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restricted Reports.—** The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to submit to an individual described in subsection (d) a restricted report of an alleged incident of adult sexual assault for the purpose of assisting the employee in obtaining information and access to authorized victim support services provided by the Department.
**(b) Restrictions on Disclosures and Initiating Investigations.—** Unless the Secretary determines that a disclosure is necessary to prevent or mitigate a serious and imminent safety threat to the employee submitting the report or to another person, a restricted report submitted pursuant to subsection (a) shall not—
(1) be disclosed to the supervisor of the employee or any other management official; or
(2) cause the initiation of a Federal civil or criminal investigation.
**(c) Duties Under Other Laws.—** The receipt of a restricted report submitted under subsection (a) shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault to the Department of Defense for any purpose.
**(d) Individuals Authorized to Receive Restricted Reports.—** An individual described in this subsection is an individual who performs victim advocate duties under a program for one or more of the following purposes (or any other program designated by the Secretary):
(1) Sexual assault prevention and response.
(2) Victim advocacy.
(3) Equal employment opportunity.
(4) Workplace violence prevention and response.
(5) Employee assistance.
(6) Family advocacy.
**(e) Definitions.—** In this section:
(1) **Civilian employee.—** — The term “civilian employee” has the meaning given the term “employee” in [section 2105 of title 5](https://uscode.house.gov/vi
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to [section 817 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section817&num=0&edition=prelim) (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war.
**(b)** A general court-martial of the kind specified in [section 816(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/b/3&num=0&edition=prelim) (article 16(b)(3)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.
**(c)** Consistent with sections 819 and 820 of this title (articles 19 and 20), only general courts-martial have jurisdiction over the following offenses:
(1) A violation of subsection (a) or (b) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120).
(2) A violation of subsection (a) or (b) of [section 920b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920b&num=0&edition=prelim) (article 120b).
(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Court-martial.—**
(1) **Staff judge advocate advice required before referral.—** — Subject to subsection (c), before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that—
(A) the specification alleges an offense under this chapter;
(B) there is probable cause to believe that the accused committed the offense charged; and
(C) a court-martial would have jurisdiction over the accused and the offense.
(2) **Staff judge advocate recommendation as to disposition.—** — Together with the written advice provided under paragraph (1), the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline.
(3) **Staff judge advocate advice and recommendation to accompany referral.—** — When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph (1) and the written recommendation of the staff judge advocate under paragraph (2) with respect to each specification shall accompany the referral.
**(b) Special Court-martial; Convening Authority Consultation With Judge Advocate.—** Subject to subsection (c), before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues.
**(c) Covered Offenses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General and Special Courts-martial.—** Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court-reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the President may prescribe by regulation.
**(b) Summary Courts-martial.—** Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by such regulations as the President may prescribe.
**(c) Contents of Record.—**
(1) Except as provided in paragraph (2), the record shall contain such matters as the President may prescribe by regulation.
(2) In accordance with regulations prescribed by the President, a complete record of proceedings and testimony shall be prepared in any case of a sentence of death, dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.
**(d) Copy to Accused.—** A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is certified.
**(e) Copy to Victim.—** In the case of a general or special court-martial, upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.
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