UCMJ Article 125: Sodomy

Members of the United States Armed Forces must adhere to stricter legal and moral standards than civilians. The Uniform Code of Military Justice (UCMJ) sets forth clear rules for all uniformed service members. Any violation of the UCMJ can have severe repercussions for the convicted, including loss of rank, discharge from military service, and extensive financial penalties. The Punitive Articles of the UCMJ pertain to the various offenses for which a uniformed service member may face these penalties if convicted in military court. UCMJ Article 125 pertains to sodomy, which the UCMJ defines as “unnatural carnal copulation.”

This is a sensitive topic, and facing a UCMJ Article 125 charge can be both distressing and humiliating for the accused. If you have been charged with violating Article 125, it’s vital to know your Constitutional rights and the legal protections afforded to you under military law. Military courts tend to move much faster than civilian courts, so securing legal counsel as soon as possible from a military criminal defense attorney is paramount in any Article 125 case.

Representing Military Service Members Accused of Article 125 Violation

Attorney Aaron Meyer is a former US Marine who now provides comprehensive and aggressive defense counsel to members of the military accused of violating the UCMJ. Facing an Article 124 violation could have resulted from a number of possible scenarios. If the accusation against you involves force or coercion, you face the maximum penalties allowable under the UCMJ. Attorney Meyer’s defense philosophy revolves around attacking the prosecution’s case at its foundational levels. This approach has been a major contributing factor to Attorney Meyer’s spotless record of no convictions for past clients.

When you choose Attorney Aaron Meyer to represent you in an Article 125 case, you are investing in an individualized level of legal representation that a detailed military attorney simply cannot match. While military lawyers are skilled and dedicated to upholding their clients’ rights, they can rarely devote the same time and attention to the cases they handle as private military defense attorneys. The potential penalties for Article 125 conviction are incredibly severe, so you need the best legal counsel you can get if you find yourself in this situation.

Conflicts Concerning Article 125 Policies

Over the past several years, the military has enacted many changes pertaining to troop policies and the moral expectations of uniformed service members. These changes have generated significant public discussion concerning Article 125 and whether this article remains compatible with the core values of the modern military. While some decry this Article as discriminatory and/or needlessly invasive, supporters argue that unnatural carnal copulation presents medical risks incompatible with military service. Supporters of Article 125 also argue that this Article provides increased protection for the victims of sexual assault in the military, ensuring their aggressors face the harshest possible punishments when convicted.

It’s vital for all current service members to understand that while they may contest the validity and appropriateness of UCMJ Article 125, they have a duty to abide by it while serving in the US Armed Forces. Failure to do so or violating UCMJ Article 125 in any way can have dramatic repercussions, including loss of your military career, long-term imprisonment, and significant financial penalties.

Understanding UCMJ Article 125

The prosecution filing an Article 125 case must at the base level prove that the accused engaged in “unnatural carnal copulation” with another person of the same sex, another person of the opposite sex, or an animal. The UCMJ’s definition of “unnatural carnal copulation” is quite specific, and this article forbids oral or anal copulation. The UCMJ stipulates that any penetration, however slight, is sufficient for completing this offense. Consent is a major factor in determining punishment for the accused, as is the age of the alleged victim:

• If the accused used force and there was no consent, the accused faces life imprisonment in military prison with no opportunity for parole, Dishonorable Discharge from the military, and forfeiture of all pay and allowances.
• If the victim of the alleged offense was under the age of 12, the penalties are the same: Dishonorable Discharge from the military, forfeiture of all pay and allowances, and life imprisonment with no opportunity for parole.
• If the victim was between the ages of 12 and 16, the penalties include forfeiture of all pay and allowances, Dishonorable Discharge from military service, and up to 20 years in military prison with no opportunity for early release.
• In other cases, such as a conviction for sodomy on an animal, the accused faces a Dishonorable Discharge, forfeiture of all pay and allowances, and five years of confinement in military prison.

Due to the severe nature of these penalties, it is vital to secure defense representation with extensive experience handling UCMJ Article 125 violations.

What to Expect from Your Attorney

When you choose Attorney Aaron Meyer to defend you against charges of violating UCMJ Article 125, you can expect robust defense counsel from the very first stages of your case. Attorney Meyer will focus on disrupting the prosecution’s case, challenging the validity of the evidence submitted against you, and gathering witness testimony, if possible, to clear you of the charges you face.

Facing any crime of a sexual nature can be incredibly distressful, and many accused individuals find it difficult to speak openly and honestly with their legal representatives as they navigate these challenging cases. Ultimately, if you are honest with your attorney and provide them with as much information as possible, you stand the best chance of defeating the charges you face. Your attorney can provide their best legal counsel when they have all available information at their disposal. Remember this once you secure your defense counsel and be as forthcoming as possible with any information that may help you prove your innocence and/or avoid conviction.

Attorney Aaron Meyer is committed to providing comprehensive, compassionate, and aggressive legal representation in difficult cases like UCMJ Article 125 charges. If you face any such charges, it’s vital to secure legal counsel from a reliable military defense attorney who can help you navigate your case with greater confidence. If you are ready to discuss your options for defense against UCMJ Article 125 charges, contact Aaron Meyer Law today and schedule a consultation with our team.