Reply #37: The Uniform Code of Military Justice uses the term Sodomy to include Rape

[happyslug]

This reflects the older "Articles of War" and its long tradition since adopted during the American Revolution (and Derived from the Older British Articles of War of 1774 which was a modernization version of Oliver's Cromwell's Article of War of 1649.

Thus the Military have defined Sodomy as including rape, and under the Uniform Code of Military Justice (UMCJ) which replaced the Articles of War in the 1950s punishment is up to the Court Martial on a case by case basis. Thus the two people can be convicted under this section of the UCMJ and depending on the actual facts of the case gets 19 years (as the person in this case) or just a slap on the wrist if the act was between two unmarried adults.

Can lead to problems but I doubt anyone will say this soldier received an excess sentence.