{"id":353853,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/criminal-law\/military-sexual-assault-the-basics.html"},"modified":"2016-06-20T20:25:07","modified_gmt":"2016-06-21T01:25:07","slug":"military-sexual-assault-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/criminal-law\/military-sexual-assault-the-basics.html","title":{"rendered":"Military Sexual Assault: The Basics"},"content":{"rendered":"\n
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Military Sexual Assault: The Basics<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

A service member who commits unwanted sexual conduct upon another through the use of force or fear may be charged with aggravated<\/i> sexual assault. This charge is similar to rape, but without evidence of penetration. Additionally, the threat of sexual violence — whether or not the threat is actually carried out — is enough to warrant sexual assault charges.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Sexual assault is a serious crime in the U.S. Armed Forces. But while civilians are tried in civilian courts, on-duty military service members normally face charges via the court-martial process. Reported instances of military sexual assault rose 6 percent to 3,374 in 2012, but an anonymous survey of military personnel indicated that as many as 26,000 men and women were victims that year. Several high-profile sexual assault cases prompted the Department of Defense (DOD) to better enforce the law, make it easier to report such crimes, and provide better access to victim services.<\/p>\r\n

This article covers the basics of sexual assault in the military, including reporting procedures, common penalties, and possible defenses to charges. See FindLaw’s Sex Crimes<\/a> section to learn about sexual assault, rape, and related crimes in the civilian world.<\/p>\r\n

If you are the victim of sexual assault by a member of the U.S. military and require immediate assistance, call the DoD Safe Helpline<\/a> at 877-995-5247.<\/p>\r\n

What Is Sexual Assault?<\/h2>\r\n

A definition of sexual assault can be found in Article 120 of the Uniform Code of Military Justice.<\/a> The law states that sexual assault occurs when someone commits a sexual act upon another person by:<\/p>\r\n