Our office received another sexual assault acquittal. In this case, our client was charged with two specifications of Article 120 (Abusive Sexual Contact), three specifications of Article 92 (Violating a Lawful General Regulation by having an inappropriate relationship under AR 600-20), and Article 93 (Maltreatment). SSG D: I would recommend Mr. Coombs to anyone. When I…
Under Article 120, a Soldier can be found guilty of rape or sexual assault if an alleged victim is incapable of consenting to a sexual act due to impairment by any drug, intoxicant, or other similar substance. This raises the important question – what does it mean to be incapable of consenting under Article 120? …
NIMJ filed an amicus brief in U.S. v. Medina arguing that Article 120(c)(2) is facially unconstitutional because it shifts the burden of proof on an element of the offense of aggravated sexual assault to the accused. By placing the burden of proving consent on the accused, he must prove that the complainant was substantially capable…
The latest article in the August issue of the Army Lawyer is available online, and should be read by every civilian military attorney. An article that is a must read is Major Andrew D. Flor’s article Sex Offender Registration Laws and the Uniform Code of Military Justice. An excerpt of his article is as follows: Before 2006,…
