Here’s an interesting case from Ft. Rucker, Alabama. A general court-martial sentenced Army SSGT Dustin Ray Hogan to a dishonorable discharge, to serve 50 years in confinement, total forfeitures of pay and allowances, and reduction to E-1 for nearly 2 dozen specifications of sex acts committed with children who were 8 and 10 years old and a host of child pornography specifications, and for stealing NVGs (night vision goggles).

Unlike most courts-martial accuseds, Hogan faces related obscenity, solicitation to commit arson and other charges in civilian court. According to the local district attorney, the court-martial took jurisdiction of the rapes, in part, because the military has primary jurisdiction over offenses military members commit. Of course, the opposite is true for offenses punishable by civilian and military authorities. It’s also usually against military policy (although not a Double Jeopardy issue) to court-martial an individual who is facing the same charges in civilian court. Here, it appears most of the charges, although related to the same incidents, are technically different in the 2 prosecuting jurisdictions.

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