- as the two offenses are defined in the version of Article 120, UCMJ, in force from October 1, 2007, through June 27, 2012, aggravated sexual contact of a child is not a lesser included offense of rape of a child; the elements test is not satisfied because the offense of aggravated sexual contact with a child includes a specific intent that the offense of rape does not, namely, the specific intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person; the mens rea for rape is a general intent to commit the sexual act
CAAF Opinion Digest · III.A.45.2 · Crimes Pre-2019 offenses
Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct post-2007 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.
** post-2007 Amendment
2 digested opinions, 2011–2018 Terms
(b) Rape of a Child
2018 (October Term)
2011 (September Term)
- indecent acts with a child is not an LIO of rape of a child
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA45.2 · Always confirm a holding against the opinion itself (linked from each case name).