Airman convicted of rape

  • Published
  • By Capt. Leah E. Watson
  • 60th Air Mobility Wing Legal Office
A Travis Airman was recently charged with a violation of Article 120, Uniform Code of Military Justice, for sexual intercourse with a woman who was substantially incapacitated and violation of Article 134, for sexual intercourse with a woman who is not his wife. He pleaded not guilty and elected to be tried by a panel of members.

At the trial, the Airman conceded that the woman possibly drank enough to black out, but his counsel argued that she was aware enough to consent and her actions showed that she did. The panel of court members determined that the Airman was guilty of rape and adultery. The fact that the accused also was intoxicated was deemed insignificant to the case.

The Airman was sentenced to reduction in grade to E-1, forfeiture of all pay and allowances, confinement for 30 months, and a dishonorable discharge. Additionally, the Airman is required to register as a sex offender.