Senator Mc Sally said me too.

[bamscram]

Senator Mc Sally testified that she was raped while serving her country.
Air force now jumping to her side, must have to be a senator to get their attention.

[nevergaveitathought]

I believe her

[Dickey9090]

I wonder why all these women wait so long to cry rape???

[themystic]

Originally Posted by Dickey9090

I wonder why all these women wait so long to cry rape???

you are obviously not qualified to understand the answer to that question Dick

[Jackie S]

I would think that in the Military, there would be no statute of limitations where a fellow officer raped another officer.

Now that she has gone public, the Defence Dept should find out who the rapist was and prosecute him.

[the_real_Barleycorn]

It would be a difficult prosecution without physical evidence or a witness. It is a court martial offense to accuse a superior officer of a crime even if it is the truth. You have to prove your case and then have to show that crime was so heinous that the accuser is forgiven for making the charge. Think of something less than rape, the public charge damages the reputation of the service and makes it difficult for the senior officer to perform their duties. The accused has a presumption of innocence. It's a lot different from TV.

[themystic]

Originally Posted by Jackie S

I would think that in the Military, there would be no statute of limitations where a fellow officer raped another officer.

Now that she has gone public, the Defence Dept should find out who the rapist was and prosecute him.

Thank you Jackie

[themystic]

Originally Posted by the_real_Barleycorn

It would be a difficult prosecution without physical evidence or a witness. It is a court martial offense to accuse a superior officer of a crime even if it is the truth. You have to prove your case and then have to show that crime was so heinous that the accuser is forgiven for making the charge. Think of something less than rape, the public charge damages the reputation of the service and makes it difficult for the senior officer to perform their duties. The accused has a presumption of innocence. It's a lot different from TV.

I can appreciate what you are saying Barley. What would be the best course of action in your opinion?

[oeb11]

Our Military serves under the Uniform Code of Military Justice - and are not usually subject to State prosecution.

It is a very different system than civilian criminal justice.

One thing is clear for McSally:
UCMJ art. 43(a). Offenses without a statute of limitations include: absence without leave, missing movement in a time of war; murder, rape and rape of a child, and any offense punishable by death. In Willenbring v. Neurauter, 48 M.J. 152 (C.A.A.F. 1998), aff’d, 57 M.J. 321 (C.A.A.F. 2002), the Court found that the statute of limitations under Article 43 does not bar trial for rape, as any offense “punishable by death” may be tried at any time without limitation, even if it is referred as a noncapital case. See also United States v. Thompson, 59 M.J. 432 (C.A.A.F. 2004).


There seems to be no statute of limitations applicable for the crime of rape in the UCMJ.

If McSally wishes to proceed with prosecution of the offender, a process exists.
She must decide if she wants to go through the process.



TM - have you Left the Dark side? Very constructive of You!

[bamscram]

She reported it later, said from the way she was treated she felt raped again.

[themystic]

Originally Posted by oeb11

Our Military serves under the Uniform Code of Military Justice - and are not usually subject to State prosecution.

It is a very different system than civilian criminal justice.

One thing is clear for McSally:
UCMJ art. 43(a). Offenses without a statute of limitations include: absence without leave, missing movement in a time of war; murder, rape and rape of a child, and any offense punishable by death. In Willenbring v. Neurauter, 48 M.J. 152 (C.A.A.F. 1998), aff’d, 57 M.J. 321 (C.A.A.F. 2002), the Court found that the statute of limitations under Article 43 does not bar trial for rape, as any offense “punishable by death” may be tried at any time without limitation, even if it is referred as a noncapital case. See also United States v. Thompson, 59 M.J. 432 (C.A.A.F. 2004).


There seems to be no statute of limitations applicable for the crime of rape in the UCMJ.

If McSally wishes to proceed with prosecution of the offender, a process exists.
She must decide if she wants to go through the process.



TM - have you Left the Dark side? Very constructive of You!

I venture out every now and then

[TheDaliLama]

Originally Posted by bamscram

She reported it later, said from the way she was treated she felt raped again.

If there were some political issues involved I’d have my reservations. As for what she said happened to her ..it’s believable but I won’t hang someone with just her story. If she’s got some one to name then give him a fair trial, not a political circus of accusations that become truths.

[TheDaliLama]

Originally Posted by bamscram

She reported it later, said from the way she was treated she felt raped again.

I can only imagine how you feel. Did it hurt?

[goodman0422]

I seem to recall that she was sent to the Air Force Academy after a few female cadets accused Male cadets of sexual assault.
Anyone remember what happened w that? I couldnt find anything when I researched it.

[dilbert firestorm]

tail hook scandal?