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    Rape and Carnal Knowledge

    There are some major differences in how military law and civilian law deal
    with sex crimes. The military defines rape similar to how many state laws
    define rape. However, it is important to note that under the Uniform Code of
    Military Justice rape can be punishable by death.

    (a) Any person subject to this chapter who commits an act of
    sexual intercourse, by force and without consent, is guilty of rape
    and shall be punished by death or such other punishment as a court-
    martial may direct.
    (b) Any person subject to this chapter who, under circumstances
    not amounting to rape, commits an act of sexual intercourse with a
    person -
    (1) who is not that person's spouse; and
    (2) who has not attained the age of sixteen years;
    is guilty of carnal knowledge and shall be punished as a court-
    martial may direct.
    (c) Penetration, however slight, is sufficient to complete either
    of these offenses.
    (d)(1) In a prosecution under subsection (b), it is an
    affirmative defense that -
    (A) the person with whom the accused committed the act of
    sexual intercourse had at the time of the alleged offense
    attained the age of twelve years; and
    (B) the accused reasonably believed that that person had at the
    time of the alleged offense attained the age of sixteen years.
    (2) The accused has the burden of proving a defense under
    paragraph (1) by a preponderance of the evidence.

    If you or a family member is facing a rape or carnal knowledge charges
    under the UCMJ it is important to contact am experienced Military Attorney
    your area.
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