Former USMA Cadet's rape conviction overturned

Any attempt to remove the chain of command from courts martial and the administration of the UCMJ is toxic regardless of the crime. Commanders must have full authority to administer justice in their commands in order to generate and preserve good order and discipline.

In our Army, these types of crimes are typically managed by General Officers.

We believe in the sanctity of the Chain of Command. This basic principle is at the heart of a disciplined force.

Last point: these cases are very rarely clear cut. They are full of nuance and often diametrically opposing perspectives. The facts are rarely certain. They are not easy. I know from vast experience.

xyz321 said:

Perhaps you could leave a little room in there to consider the possibility it really was a rape, and we may be returning a rapist to usma. Just as I can’t be 100 percent sure this is the case’ you can’t be that sure that it isn’t.

Click to expand...

Look up Blackstone's Ratio.

Benjamin Franklin stated it as, "it is better 100 guilty Persons should escape than that one innocent Person should suffer"

SCOTUS also concurred in the 1895 ruling Coffin et al v. United States

so if he isn't guilty of rape isn't he at least guilty of Conduct Unbecoming?

conrack said:

so if he isn't guilty of rape isn't he at least guilty of Conduct Unbecoming?

Click to expand...

Well then wouldn’t she be as well? Or is only the male subject to “conduct unbecoming”?
I’ve got a DD and a DW in the military so I’m very sympathetic to the alleged victim. These are very, very tough cases for all involved.

UHBlackhawk said:

conrack said:

so if he isn't guilty of rape isn't he at least guilty of Conduct Unbecoming?

Click to expand...

Well then wouldn’t she be as well? Or is only the male subject to “conduct unbecoming”?
I’ve got a DD and a DW in the military so I’m very sympathetic to the alleged victim. These are very, very tough cases for all involved.

Click to expand...

Yep. And, if you allowed that it would be bad to convict her of conduct unbecoming because you might be throwing out a rape victim then that’s the same logic for not convicting him of rape. If you did the former (no charge because of the possibility of kicking someone out for being raped) and didn’t do the same for the latter, you’d likely vastly increase the number of rape accusations. Why? You’ve just created a get of jail free card for all women. Immunity from conduct unbecoming violations of a sexual nature.