What is the punishment for a man enlisted in the US military who performs a break-in and attempted rape?

Question

He broke into a hotel room at MEPS (Military Entrance Processing Station) and attempted a rape of an applicant. What would the punishment for this man be? Is it worse since he is under military law? All I know is he got a dishonorable discharge, but what would the jail time be?

Answer 1

There are no minimum sentences under the UCMJ only maximums.  There is also no "attempted rape" statute.  Depending what the individual did he may have committed sexual assault (one of three levels) or attempted assault.  It is hard to know without more detail.  The maximum sentences for each offense are listed below with the applicable UCMJ article.

(from article 120)

aggravated sexual assault: 30 years

aggravated sexual contact: 20 years

abusive sexual conduct: 7 years

indecent act: 5 years

wrongful sexual contact: 1 year

indecent exposure: 1 year

note: all of the above except indecent exposure require some sexual contact between the perpetrator and the victim.  This requirement is why it is necessary to know more about what you mean by "attempted" rape.

(from article 124)

attempted assault (rather, assault not "consummated by battery"): 3 months

(from article 80)

attempt generally: an attempted crime is punished as the crime itself except that for the death penalty shall never be imposed (sorry to whoever said that above) and for all crimes other than murder, the maximum punishment for attempt is 20 years confinement.

In this sense a conviction for aggravated sexual assault would carry a harsher sentence than attempted rape, although a conviction for rape could carry a sentence up to life in prison or death.

(article 108)

The individual could also be charged with willful destruction of military property for damage to the door, etc.  This is punishable by 1 year for less than $500 in damage and 10 years for more than $500.

(article 130)

Housebreaking (entering a dwelling with the intent to commit a crime therein)  -- this will be shown if they get a conviction on one of the sexual assult or attempted assult charges: 5 years

(article 134-54)

Unlawful entry (a lesser included offense of housebreaking): 1 year.

Answer 2

Maximum Penalty of Sexual Assault During Time of War is Death.