Which of the following is NOT one of the three primary ways to charge Art 120 offenses?

• A. Lack of consent
• B. Asleep, unconscious or otherwise unaware
• C. Incapable of consenting (intox or physically)
• D. Consent obtained through coercion

Answer: (D)

The key idea here is how consent and the ability to consent are evaluated in Art 120 offenses. The three primary bases focus on the state of consent: there is no consent at all; the victim is asleep, unconscious, or otherwise unaware and cannot consent; or the victim is incapable of consenting due to intoxication or physical incapacity. Consent obtained through coercion isn’t a separate charging ground because coercion simply undermines true, voluntary consent. In other words, coercion shows there was no valid consent to begin with, which would be charged under lack of consent rather than as a distinct category. So the statement about consent obtained through coercion isn’t one of the primary bases for charging Art 120 offenses.