Air Force Colonel Charged With Rape Wants Adultery Charges Thrown Out
You would think the adultery charges this guy is facing would be the least of his troubles considering he is charged with rape as well:
Lawyers for a Schriever Air Force Base colonel argued Monday that a half-dozen adultery charges against him should be thrown out because the military’s law banning extramarital sex discriminates against heterosexuals.
Col. Eugene Marcus Caughey is headed for an August court-martial on charges of rape, assault, taking a dirty selfie and the adultery counts. He was in court Monday for a formal reading of the charges and to argue pretrial motions.
Maj. Keith Meister, one of three attorneys defending Caughey, told Air Force judge Col. Wes Moore that the military’s definition of adultery as sex between a man and a woman hasn’t keep place with its definition of marriage, which now includes same-sex couples. That’s because the military’s adultery law requires “sexual intercourse” as an element of guilt, which the Pentagon defines as an act between a man and a woman.
“A homosexual man or woman couldn’t commit adultery as defined,” Meister argued.
Caughey’s defense team maintains that because gay people get a pass, the charges violate the colonel’s rights under the 14th Amendment, which mandates equal protection under law. [Stars & Stripes]
You can read much more at the link, but one way to look at this is that the defense lawyer thinks the rape charge is weak and needs to get the adultery charges dropped because that is what the Air Force could use to really crush this guy. It will be interesting to see how this case turns out because it could lead to an entire redefinition of what is adultery in the US military.
If we banned all sinners from serving in the military, no one would be allowed.
If we abandoned all standards of morality, we could not expect our troops to follow the Geneva/Hague Conventions.
Interesting tact for the lawyers to try. Will the Obama Administration try to hold on to the Adultery statutes? Will they include other genders? Given the perp is white, expect no slack.
Adultry is shytbaggery (under most, but not all, situations)… but a personal, not a criminal issue.
Raape is a criminal issue… as protection of body and property is one of the few true duties of government (which it does not always properly fulfill)
As the definition in the UCMJ states, “Penetration, however slight, is sufficient to complete the offense.”
I wonder who they’ll charge for Benghazi?
I guess they will have to account for transgender males (pre-op) and transgender females (post-op) cheating with a lesbian’s wife. lol
No doubt there will be enlistees joining the military for the sole purpose of having gender reassignment surgery.
Wow, times are a changing! lol