Article 120 Court-Martial Cases
The Army prosecutes military sexual crimes under Article 120 of the Uniform Code of Military Justice. Each month, the Army releases information on court-martial cases. The following are the Article 120 court-martial cases for the month of February that resulted in a conviction on at least one offense:
Joint Base Elmendorf-Richardson Court-Martial: On 02 February 2017, at a general court-martial, a Specialist was convicted by a military judge, contrary to his pleas, of one specification of disobeying a commissioned officer in violation of Article 90, UCMJ. The accused was acquitted of two specifications of rape, two specifications of sexual assault, one specification of assault consummated by a battery upon a child, and two specifications of assault consummated by a battery in violation of Articles 120 and 128, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1 and to be confined for 75 days.
Fort Irwin Court-Martial: On 02 February 2017, at a special court-martial, a Sergeant First Class was convicted by a military judge, pursuant to his pleas, of two specifications of dereliction of duty, one specification of disobeying a lawful general regulation, and one specification of assault consummated by a battery in violation of Articles 92 and 128, UCMJ. The accused was acquitted of one specification of abusive sexual contact in violation of Article 120, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 6 months, and to be discharged from the service with a bad-conduct discharge.
Fort Hood Court-Martial: On 02 February 2017, at a general court-martial, a Private First Class was convicted by a military judge, pursuant to his pleas of one specification of disobeying a commissioned officer, one specification of sexual assault, and one specification of assault consummated by a battery in violation of Articles 90, 120, and 128, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 24 months, and to be discharged from the service with a dishonorable discharge.
Kaiserslautern, Germany Court-Martial: On 03 February 2017, at a general court-martial, a Staff Sergeant was convicted by a military panel composed of officer and enlisted members, contrary to his plea, of one specification of false official statement in violation of Article 107, UCMJ. The accused was acquitted of one specification of disobeying a lawful order and one specification of rape in violation of Article 92 and 120, UCMJ. The members sentenced the accused to be reprimanded.
Fort Polk Court-Martial: On 14 February 2017, at a general court-martial, a Sergeant First Class was convicted by a military judge, pursuant to his pleas, of one specification of false official statement, two specifications of wrongfully using a controlled substance, and one specification of indecent exposure in violation of Articles 107, 112a, and 120c. The military judge sentenced the accused to be reprimanded and reduced to the grade of E-6.
Joint Base Lewis-McChord Court-Martial: On 14 February 2017, at a general court-martial, a Staff Sergeant was convicted by a military judge, pursuant to his pleas, of four specifications of assault consummated by a battery in violation of Article 128, UCMJ. The accused was acquitted of two specifications of sexual assault, two specifications of assault consummated by a battery, and three specifications of aggravated assault in violation of Articles 120 and 128, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1 and to be confined for 15 days.
Fort Wainwright Court-Martial: On 15 February 2017, at a general court-martial, a Specialist was convicted by a military judge, contrary to his pleas, of three specifications of rape of a child, one specification of sexual abuse of a child, and one specification of producing child pornography in violation of Articles 120b and 134, UCMJ. The accused was acquitted of one specification of sexual abuse of a child and one specification of possessing child pornography in violation of Articles 120 and 134, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 24 years, and to be discharged from the service with a dishonorable discharge.
Fort Bragg Court-Martial: On 15 February 2017, at a general court-martial, a Private First Class was convicted by a military judge, contrary to his pleas, of four specifications of sexual assault in violation of Article 120, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 13 months, and to be discharged from the service with a dishonorable discharge.
Fort Bragg Court-Martial: On 16 February 2017, at a general court-martial, a Specialist was convicted by a military judge, contrary to his pleas, of four specifications of rape and one specification of assault consummated by a battery in violation of Articles 120 and 128, UCMJ. The accused was acquitted of one specification of rape, one specification of sexual assault, one specification of abusive sexual contact, one specification of assault consummated by a battery, two specifications of aggravated assault, and one specification of kidnapping in violation of Articles 120, 128, and 134, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 14 years, and to be discharged from the service with a dishonorable discharge.
Fort Bragg Court-Martial: On 21 February 2017, at a general court-martial, a Private First Class was convicted by a military judge, pursuant to his pleas, of three specifications of abusive sexual contact in violation of Article 120, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 6 months, and to be discharged from the service with a bad-conduct discharge.
Joint Base San Antonio Court-Martial: On 16 February 2017, at a general court-martial, a Sergeant was convicted by a military panel composed of officer members, contrary to his pleas, of one specification of sexual assault in violation of Article 120, UCMJ. The accused was acquitted of one specification of conduct prejudicial to good order and discipline in violation of Article 134, UCMJ. The members sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 2 years, and to be discharged from the service with a dishonorable discharge.
Camp Humphreys Court-Martial: On 22 February 2017, at a general court-martial, a Sergeant was convicted by a military judge, pursuant to his pleas, of two specifications of rape of a child, two specifications of sexual abuse of a child, and four specifications of assault consummated by a battery in violation of Articles 120b and 128, UCMJ. The military judge sentenced the accused to be confined for 22 years and to be discharged from the service with a dishonorable discharge. As part of an offer to plead guilty, a pretrial agreement limited confinement to 20 years.
Rose Barracks, Germany Court-Martial: On 22 February 2017, at a general court-martial, a Captain was convicted by a military judge, pursuant to his pleas, of one specification of disobeying a superior commissioned officer and one specification of sexual abuse of a child in violation of Articles 90 and 120b, UCMJ. The military judge sentenced the accused to forfeit all pay and allowances, to be confined for 9 months, and to be dismissed from the service. As part of an offer to plead guilty, a pretrial agreement limited confinement to 6 months.
Fort Bragg Court-Martial: On 22 February 2017, at a general court-martial a Lieutenant Colonel was convicted by a military judge, pursuant to his pleas, of one specification of disobeying a lawful regulation, seven specifications of sexual abuse of a child, one specification of conduct unbecoming an officer, and three specifications of possessing child pornography in violation of Articles 92, 120b, 133, and 134, UCMJ. The military judge sentenced the accused to be confined for 42 months and to be dismissed from the service.
Fort Polk Court-Martial: On 24 February 2017, at a general court-martial, a Captain was convicted by a military judge, pursuant to his pleas, of one specification of cruelty and maltreatment and two specifications of wrongfully photographing the private area of another without consent in violation of Articles 93 and 120c, UCMJ. The military judge sentenced the accused to be confined for 8 months and to be dismissed from the service.
Fort Carson Court-Martial: On 24 February 2017, at a general court-martial, a Sergeant was convicted by a military judge, pursuant to his pleas, of two specifications of disobeying a lawful order in violation of Article 92, UCMJ. Contrary to his pleas, the accused was convicted by a military panel composed of officer and enlisted members of two specifications of sexual assault of a child and one specification of sexual abuse of a child in violation of Article 120b. The accused was acquitted of one specification of sexual assault of a child, one specification of sexual abuse of a child, and one specification of assault consummated by a battery in violation of Articles 120b and 128, UCMJ. The members sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 30 years, and to be discharged from the service with a dishonorable discharge.
Fort Campbell Court-Martial: On 24 February 2017, at a general court-martial, a Specialist was convicted by a military panel composed of officer and enlisted members, contrary to his plea, of one specification of sexual assault in violation of Article 120, UCMJ. The accused was acquitted of three specifications of rape in violation of Article 120, UCMJ. The members sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 9 months, and to be discharged from the service with a dishonorable discharge.
Fort Lee Court-Martial: On 28 February 2017, at a general court-martial, a Specialist was convicted by a military judge, pursuant to his pleas, of nine specifications of sexual abuse of a child and one specification of soliciting the production and distribution of child pornography in violation of Articles 120b and 134, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 20 months, and to be discharged from the service with a bad-conduct discharge. As part of an offer to plead guilty, a pretrial agreement limited confinement to 18 months.
Fort Hood Court-Martial: On 28 February 2017, at a general court-martial, a Sergeant was convicted by a military judge, pursuant to his pleas, of one specification of sexual assault of a child and one specification of obstructing justice in violation of Articles 120b and 134, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 62 months, and to be discharged from the service with a dishonorable discharge.
Civilian Military Lawyer
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