Articles Posted in Sex Offenses

Since United States v. Hills, and then United States v. Hukill, the appellate courts have been trying to sort out quite a few cases on remand. Here is a list of the most recent CAAF actions. No. 18-0087/AF. U.S. v. Jonathan P. Robertson. CCA 39061. On consideration of the petition for grant of review of…

In United States v. Sager, the accused was convicted of abusive sexual contact because the victim was “otherwise unaware” of the acts. The Navy-Marine Corps Court of Criminal Appeals affirmed the findings and sentence. Appellant petitioned the CAAF. This case is before us for a second time. The Court of Appeals for the Armed Forces…

Lagano, Edmundson, and Grant, The Air Force SVC Program, The First Five Years. 44 (3) The Reporter 31 (2017). Welch, Child Pornography, The Internet, and MRE 414. 44(2) The Reporter 19 (2017).

The Air Force Court of Criminal Appeals (AFCCA) has issued an interesting en banc (5-3) opinion in United States v. Hamilton, 76 M.J. ___ (A. F. Ct. Crim. App. 2017), about victim impact evidence or statements. The accused pleaded guilty to the possession and distribution of child pornography. On sentencing, as we often see in…

I’ve been told more than once that a person doesn’t make a false allegation of rape because they have been rejected by someone they are romantically interested in. Such denials a batguano crazy. Take this as an example. Following the verdict, Joanne Jakymec, chief Crown prosecutor for Wessex said: “Rebecca Palmer indulged in consensual sexual…

United States v. Campbell, decided by the Coast Guard Court of Criminal Appeals (9/17), presents a current look at United States v. Terlap and proper sentencing evidence. The Appellant “that the military judge admitted improper evidence in aggravation and testimony contradictory to the stipulation of fact.” During presentencing testimony, the military judge asked BI, “You…

As I have argued, for some time in courts-martial, sex offender registration is effectively a punishment in today’s society–despite what legislators and courts say. Well, now we have an interesting decision from the Pennsylvania Supreme Court, in a 3-1 decision, about ex post facto changes to SOR. [T]he provisions of the state’s sex offender registration…

Reposting. A British Army court-martial

In United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016), the Court of Appeals for the Armed Forces decided that– [B]ecause the evidence of the charged sexual misconduct was already admissible in order to prove the offenses at issue, the application of Military Rule of Evidence (M.R.E.) 413 — a rule of admissibility for evidence…

So goes the post of Rep. Ratcliffe (R-TX). Similarly, the second portion of my bill addresses enhanced sentences for individuals with prior sex offenses. Our child exploitation laws consistently call for higher sentences when a defendant has a prior conviction for federal or state sex offenses. However, these sentencing provisions do not consistently include all…