- 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
CAAF Opinion Digest · III.A.45.01 · Crimes Pre-2019 offenses
Article 120 - Rape and Sexual Assault Generally post-2012 Amendment
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 120 - Rape and Sexual Assault Generally.
2 digested opinions, 2018–2018 Terms
(a) Rape
2018 (October Term)
- 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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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA45.01 · Always confirm a holding against the opinion itself (linked from each case name).