CORE CRIMINAL LAW SUBJECTS: Crimes: Article 120 - Rape and Sexual Assault Generally (*** post-2012 Amendment)

(a) Rape:

2018 (October Term)

United States v. English, 79 M.J. 116 (while a violation of Article 120, UCMJ, based on the theory of criminality charged by the government required “unlawful force,” Article 120(a)(1), UCMJ, the government was not required to draft the specification alleging a particular type of force, i.e., that appellant committed this particular offense by “grabbing her head with his hands;” but when it narrowed the scope of the charged offense by alleging the particular type of force, it was required to prove the facts as alleged; once that charging decision was made, it was bound to abide by it). 

United States v. Briggs, 78 M.J. 289 (a 2006 amendment to Article 43, UCMJ, made by the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. No. 109-163, §§ 552−53, 119 Stat. 3136, 3264 (2006)), provided that the offense of rape may be tried and punished at any time without limitation).  

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