Service Member Guidance - Overview

What Constitutes Sexual Assault

Sexual assault is a crime. It is defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes:

• Rape
• Nonconsensual sodomy (oral or anal sex)
• Indecent assault (unwanted, inappropriate sexual contact or fondling) or attempts to commit these acts.

Sexual assault can occur without regard to gender or spousal relationship or age of victim.

Absence of Consent

Sexual assault occurs when consent is not given for sexual contact. Lack of consent can be assumed regardless of whether a victim resists physically. Consent is also not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated (due to drugs, alcohol, or other foreign substances) or unconscious. Other sex-related offenses are defined as all other sexual acts or acts in violation of the Uniform Code of Military Justice (UCMJ) that do not meet the above definition of sexual assault, or the definition of sexual harassment as in DoD Directive 1350.2 (Download DoD Directive 1350.2, 85 Kb), Department of Defense Military Equal Opportunity. Examples of other sex-related offenses could include indecent acts with another Service member and adultery. For the specific articles of sexual assault offenses under the UCMJ, see the Manual for Courts-Martial:

• Article 120, (232 Kb)
• Article 125, (79 Kb)
• Article 134, (438 Kb)
• Download the full manual from: http://www.loc.gov/rr/frd/Military_Law/pdf/MCM-2008.pdf