What Is Consent Under UCMJ Article 120 Clearing Up Legal Confusion

Wiki Article

If you’re in the military or simply interested in how military law works, you might have heard about UCMJ Article 120. This article deals with sexual assault and related offenses, and one of the big pieces people often ask about is: What does “consent” really mean? Unfortunately, it can get confusing, especially since military law uses its own definitions. So let’s clear it up in a way that’s easy to understand.

First, if you want to take a deeper look straight from the source, you can check out this helpful link: https://ucmjmilitarylaw.com/ucmj/article-120/

In Article 120, consent means a person willingly agrees to engage in a sexual act. That sounds straightforward, right? But in military legal terms, there’s more to it. Consent has to be given freely—meaning without pressure, threats, or fear. If someone feels forced, scared, or isn’t fully awake or aware (like if they’re drunk or asleep), then they can’t really give consent.

One big point to remember: just because someone didn’t say “no” doesn’t mean they meant “yes.” Silence, or not reacting, isn’t the same as consent. The law looks at the whole situation, including body language and whether the person had the ability to make a clear decision.

Also, the military looks closely at the use of rank or position. If one person has more power—like being a supervisor—it can be harder to prove the other person truly agreed of their own free will. This is important because the military wants everyone to feel safe and respected, no matter their rank.

Misunderstandings can lead to serious consequences, so it’s important for service members to talk openly with their partners and make sure they’re on the same page. Respecting each other’s words and actions goes a long way in preventing issues.

Lastly, if you're serving and unsure about how consent works under Article 120, talk to a legal advisor familiar with military law. They can help answer questions specific to your situation.

Being clear about consent is a big deal—not just legally, but personally too. Everyone deserves to feel safe and respected, and knowing what consent means is a big part of that.