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View Diary: Will US soldier stand trial for raping Dutch girl, or go to Iraq again? (17 comments)

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  •  Thing is (0+ / 0-)

    would he be charged by court martial, subject to US standards of punishments.

    Or would it be Dutch standards of law and punishments?

    •  US law (3+ / 0-)
      Recommended by:
      Beowulf, dougymi, dennisl

      As a member of US Armed Forces he is subject to US military law no matter where he committed his misconduct.  

      1. ART. 2. PERSONS SUBJECT TO THIS CHAPTER

      (a) The following persons are subject to this chapter:
      (1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.

      UCMJ

      •  Exactly (0+ / 0-)

        Under the Status of Force Agreement that we have with our NATO allies, our servicemen are tried by US military court martials for crimes committed while deployed in an allied country (likewise, a foreign NATO soldier who commits a crime here is tried by his own military).

        However, as a political matter, we sometimes allow our allies to conduct the trial (I seem to remember a few rape cases in Japan, where the US suspects were already in Japanese custody).  Considering that a US court would probably be tougher than a Dutch court, this guy will face the music before a US court martial.  Though the publicity this case has gotten has probably quashed any effort to allow the soldier to be deployed again before trial.

        •  In fact (1+ / 0-)
          Recommended by:
          Beowulf

          (and to correct my previous post), in the US military, rape is punishable by death.  (It is not likely to be imposed, but it also gives the prosecutor a strong bargaining chip to entice a guilty plea).  So, again, I prefer he be tried and face the music in the US (if he is in fact guilty of rape).

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