Are military sexual offenses different from ordinary sexual offenses?

Military sexual offenses are punished far more strictly than ordinary sexual offenses.

The reason lies in the special nature of the military as an organization.

A military sexual offense is not merely a crime between individuals, as it can lead to a decline in the unit's cohesion and morale and, further, to a weakening of national defense capability.

In addition, because the military is a closed environment, victims are often placed in a disadvantageous position in their relationships with superiors or colleagues, so the degree of harm may increase.

The Military Criminal Act applies not only to active duty officers, warrant officers, noncommissioned officers, and enlisted soldiers, but also to persons holding military status, such as officer cadets and military civilian employees, and a sexual offense committed during service may be punished even after discharge.

The most common type of military sexual offense is sexual molestation, and Article 92-3 of the Military Criminal Act provides for this separately.

When a soldier commits an indecent act against another soldier through assault or intimidation, he may be sentenced to imprisonment for a limited term of at least one year, which differs greatly from the crime of indecent act by compulsion under the ordinary Criminal Act, in that there is no fine and the likelihood of an actual prison sentence is high.

If you have further questions regarding military sexual offenses, we recommend that you confirm the specific details of the case, the possibility of punishment, and response measures through consultation with an attorney experienced in military criminal cases.