Here’s a link to CAAF’s per curiam opinion in Ignacio, No. 12-0202/NA, which was argued just 17 days ago.  CAAF upheld the Navy-Marine Corps Court’s rejection of a challenge to Judge King’s consent instruction in an Article 120 case.

3 Responses to “CAAF quickly affirms in Ignacio”

  1. soonergrunt says:

    So what we have here is that the Judge essentially used instructions to the panel that did not comport with the statutory language?  Am I correct in understanding it that way?  Because that seems to me that Ignacio was subsequently convicted of something that may not have actually been a crime, unless I’m missing something.

  2. Peanut Gallery says:

    Only if the lack of consent was not due to substantial incapacity.  Sometimes, you get a victim who says “no” and that’s all the members care to hear.  If she said “no,” then this guy must have raped her.  This disregards the statute, which does not require a “no.” 

  3. Soonergrunt says:

    That just seems wrong to me.