CAAF Opinion Digest · III.A.45.00 · Crimes Pre-2019 offenses

Article 120b - Rape and Sexual Assault Generally post-2012 Amendment

At the court
Offenses committed before 1 January 2019 (pre-2016 amendment) — opinions from the 1999 through 2020 Terms of Court. For offenses on or after 1 January 2019 see III.AA — Article 120b - Rape and Sexual Assault of a Child.
3 digested opinions, 2015–2017 Terms
2017 (October Term)
United States v. Robinson, 77 M.J. 294 · decided Mar 26, 2018 · No. 17-0231/AR
  1. with respect to the sexual assault conviction in this case, the trial evidence was legally sufficient to establish that appellant knew or reasonably should have known that the victim was incapable of consenting due to her impairment by intoxication, where (1) at a party prior to the assault, it was apparent to the partygoers, to include appellant, that the victim was intoxicated, (2) when appellant later entered the victim’s barracks room, he saw a trashcan and a bottle of water next to her bed, and (3) appellant admitted to investigators that the victim was “pretty much asleep” when he arrived at her barracks room and that he later thought that she “was probably too intoxicated to consent” to have sex
United States v. Mangahas, 77 M.J. 220 · decided Feb 6, 2018 · No. 17-0434/AF
  1. while under federal law the statute of limitations for rape is five years, 18 USC § 3282, in 2006, Congress amended the statute of limitations in the military, so that a person charged with rape, or rape of a child may be tried and punished at any time without limitation; in 2013, Congress again amended the statute to substitute rape or sexual assault, or rape or sexual assault of a child for rape, or rape of a child
2015 (September Term)
United States v. Pease, 75 M.J. 180 · decided Mar 17, 2016 · No. 16-0014/NA
  1. in this case, for purposes of Article 120, UCMJ, the CCA properly defined a competent person as a person who possesses the physical and mental ability to consent
  2. in this case, for purposes of Article 120, UCMJ, the CCA properly defined an incompetent person as a person who lacks either the mental or physical ability to consent due to a cause enumerated in the statute
  3. in this case, for purposes of Article 120, UCMJ, the CCA defined a freely given agreement as occurring when a person first possesses the cognitive ability to appreciate the nature of the conduct in question, and then possesses the mental and physical ability to make and to communicate a decision regarding that conduct to the other person; while the statutory phrase “freely given agreement” reflects the voluntariness aspect of consent, the CCA’s definition of that phrase may be viewed as not accounting for those situations where a victim has the ability to appreciate the conduct, and the mental and physical ability to communicate the decision, but does not articulate non-consent out of fear or due to some other external compulsion counteracting voluntariness; nevertheless, any imprecision did not constitute reversible error here because the CCA’s definition of incapable of consenting adequately addressed the concept of voluntariness
  4. in this case, for purposes of Article 120, UCMJ, the CCA defined incapable of consenting as lacking the cognitive ability to appreciate the sexual conduct in question or lacking the physical or mental ability to make and to communicate a decision about whether they agreed to the conduct; the CCA correctly defined “incapable” as meaning the victim lacked the ability to; with regard to its definition of consent, the CCA essentially adopted the meaning of that term as provided under Article 120, UCMJ - consent means a freely given agreement to the conduct at issue by a competent person; accordingly, the CCA’s inclusion of the phrase “whether they agreed to the conduct” adequately incorporated into the definition of “incapable of consenting” the voluntariness component of consent, and that the definition was correct with the exception of one apparent scrivener’s error; the CCA’s definition of “incapable of consenting” should have stated that a victim must have the ability “to make or to communicate a decision” rather than “to make and to communicate a decision;” however, this apparent scrivener’s error did not constitute reversible error because the CCA’s factual sufficiency analysis for the offenses actually applied the “to make or to communicate” standard; therefore, no reversible error resulted in the instant case; the CCA’s definition of “incapable of consenting” was properly based on the ordinary meaning of the phrase, the context in which it was used, and the broader statutory context
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This is a verbatim mirror of the Opinion Digest and opinions tables published by the United States Court of Appeals for the Armed Forces. The headnotes are the court staff’s summaries of the opinions, reproduced as published; they are not the opinions themselves and not this site’s commentary. Nothing here is edited on this site.

Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA45.00 · Always confirm a holding against the opinion itself (linked from each case name).

A. Crimes
Pre-2019 offenses
Generally (4) Article 77 - Principals (8) Article 79 - Conviction of Lesser Included Offenses (11) Article 80 - Attempts (15) Article 81 - Conspiracy (14) Article 83 - Fraudulent Enlistment, Appointment, or Separation (2) Article 85 - Desertion (1) Article 86 - Absence without Leave (5) Article 87 -- Missing Movement (1) Article 89 - Disrespect Toward a Superior Commissioned Officer (1) Article 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer (6) Article 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer (2) Article 92 - Failure to Obey Order or Regulation (21) Article 93 - Cruelty and Maltreatment (9) Article 95 - Resistance, Flight, Breach of Arrest, and Escape (6) Article 104 - Aiding the Enemy (1) Article 107 - False Official Statements (10) Article 108 - Military Property of the U.S.-Sale, Loss, Damage, Destruction, or Wrongful Disposition (2) Article 110 - Improper Hazarding of Vessel (1) Article 111 - Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel (1) Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances (17) Article 117 - Provoking Speeches or Gestures (2) Article 118 - Murder (9) Article 119 - Manslaughter (7) Article 120 - Rape and Carnal Knowledge (13) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (3) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (6) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120b - Rape and Sexual Assault Generally (3) Article 120 - Rape and Sexual Assault Generally (2) Article 120 - Rape and Sexual Assault Generally (6) Article 120 - Rape and Sexual Assault Generally (4) Article 120a - Stalking (1) Article 120b - Rape and Sexual Assault of a Child (2) Article 120b - Rape and Sexual Assault of a Child (3) Article 120c - Other Sexual Misconduct (2) Article 121 - Larceny and Wrongful Appropriation (15) Article 122 - Robbery (1) Article 123 - Forgery (2) Article 123a - Making, Drawing, or Uttering Check, Draft, or Order without Sufficient Funds (1) Article 125 - Sodomy (11) Article 127 - Extortion (1) Article 128 - Assault (18) Article 129 - Burglary (1) Article 130 - Housebreaking (5) Article 133 - Conduct Unbecoming an Officer and Gentleman (12) Article 134 - General Article (29) Article 134 - Adultery (4) Article 134 -- Assault, Indecent (5) Article 134 -- Bribery and Graft (2) Article 134 -- Check, Worthless, Making and Uttering -- by Dishonorably Failing to Maintain Funds (1) Article 134 -- Child Endangerment (para 68a, MCM) (3) Article 134 -- Child Pornography (para 68b, MCM, *** Post-2012 Amendment) (5) Article 134 -- Debt, Dishonorably Failing to Pay (1) Article 134 -- Disloyal Statements (1) Article 134 -- False Swearing (1) Article 134 -- Firearm, Discharging – Willfully under such Circumstancesas to Endanger Human Life (1) Article 134 -- Fraternization (1) Article 134 -- Gambling with Subordinate (1) Article 134 -- Negligent Homicide (3) Article 134 - Indecent Acts or Liberties with a Child (9) Article 134 - Indecent Exposure (3) Article 134 - Indecent Language (2) Article 134 -- Indecent Acts with Another (9) Article 134 -- Kidnapping (3) Article 134 -- Mail-Taking, Opening, Secreting, Destroying, or Stealing (1) Article 134 - Mails --Depositing or Causing to be Deposited Obscene Matters in (1) Article 134 - Misprision of Serious Offense (1) Art. 134 - Obstructing Justice (7) Art. 134 - Pandering and Prostitution (1) Article 134 -- Reckless Endangerment (para 100a, MCM) (2) Article 134 – Restriction, Breaking (1) Article 134 -- Self-injury without Intent to Avoid Service (para 103a, MCM) (1) Article 134 - Soliciting Another to Commit an Offense (4) Article 134 - Stolen Property-Knowingly Receiving, Buying, Concealing (1) Article 134 - Threat, Communicating (3) Article 134 - Unlawful Entry (1) Article 134 - Weapon, Concealed and Carrying (1) Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 (56)
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