The Army CCA finds a wrongful sexual contact conviction factually insufficient (in a summary disposition)
In a two-page summary disposition in United States v. Rose, No. 20130068 (A. Ct. Crim. App. Oct. 24, 2014) (link to slip op.), pet. for rev. filed, __ M.J. __, No. 15-0218/AR (C.A.A.F. Dec. 9, 2014), the Army CCA finds that:
We agree with appellant that the evidence is factually insufficient to support his conviction for wrongful sexual contact. See United States v. Washington, 57 M.J. 394, 399 (C.A.A.F. 2002). The government did not prove beyond a reasonable doubt that appellant pressed his genitalia against the buttocks of the alleged victim.
Slip op. at 1-2. The court affirms the appellant’s other convictions, entered contrary to his pleas of not guilty at a general court-martial composed of a military judge alone, of aggravated sexual assault and assault consummated by a battery, in violation of Articles 120 and 128. The opinion provides no other facts of the case.