Age of Consent under the UCMJ

The UCMJ addresses the age of consent primarily in the context of prosecuting offenses such as sexual assault or rape under Article 120, which defines sexual crimes.

What is the Age of Consent for sexual activity under the UCMJ?

The general age of consent under the UCMJ is 16 years old for lawful sexual activity, regardless of gender. This means that sexual activity with someone under 16 years of age is generally prohibited unless exceptions apply, such as marital status. Prohibited Relationships are another factor in considering whether a person can give consent. Even if an alleged victim is of age, military law may still prohibit certain relationships, such as those involving superior-subordinate dynamics, adultery, or fraternization, which undermine military discipline.

Close-in-Age Exceptions

The UCMJ recognizes “close-in-age” exceptions, sometimes called “Romeo and Juliet” laws. For example, consensual sexual conduct between two individuals where one is under 16 but the other is close in age may not always constitute an offense. These exceptions aim to address consensual relationships between teenagers.

Mistaken Belief about a person’s age

The UCMJ holds strict liability for age. A defense based on a mistaken belief that the individual was of age (e.g., if the minor lied about their age) is generally not permissible under the UCMJ. Service members are held to a high standard to ensure they ascertain the age of a potential partner.

Additional protections for children

There are additional protections for individuals who are even younger. Sexual acts involving individuals under 12 years old are treated with particular severity under the UCMJ, as there is no context in which consent can be legally provided by someone under this age.

The UCMJ, local and federal laws

The UCMJ applies exclusively to military personnel, so its provisions regarding the age of consent are enforced alongside any applicable state or federal laws when military members interact with civilians.

UCMJ Strict standards for the age of consent

There are additional considerations regarding the age of consent. The UCMJ’s rules exist to ensure clarity and uphold ethical standards within the military, balancing the need for discipline with respect for individual rights. Violations can lead to severe penalties, including court-martial, imprisonment, and dishonorable discharge.

If you have been accused of sexual assault you need an aggressive Article 120 military attorney to represent you. Contact us today here or call us at 757-504-2815.