Where's the Sodomy? A Guide for Prosecuting Prejudicial Sexual Relationships After the Possible Repeal of Sodomy Law

摘要

The possible repeal of sodomy combined with the removal of indecent acts from the UCMJ will leave a gap in the way the military prosecutes prejudicial consensual sex crimes. This article offered solutions for the military justice practitioner to address these issues. The simple fix for this gap is a rewrite of the elements for adultery and prostitution and the placing of indecent acts back into the UCMJ.131 One day the trial counsel may have these options available, but for now the Government will have to figure out a way to get the mission completed. Article 134, UCMJ gives the trial counsel the ability to charge this misconduct. When determining how to properly charge these offenses, it is important to ensure the Government can prove the wrongfulness of the acts, and either the prejudice to good order and discipline or that the acts were of a nature to bring discredit upon the armed forces. One only need look at the headlines to understand how important the issues of prejudicial sexual relationships are to the effectiveness of the military. The main purpose of the military justice system is to assist in maintaining good order and discipline, which in turn helps strengthen national security. The Government must have the option to hold criminally accountable those who engage in prejudicial sexual relationships.