Skip to main content

View Diary: DADT Deal Met for "conditional future repeal" (244 comments)

Comment Preferences

  •  Not so. (0+ / 0-)

    Used to be used all of the time for heterosexuals, especially in date rape cases.  Almost invariably, the accused would waive right to silence, assert that the sexual intercourse was consensual, and offer a statement that included a description of oral sex.

    The prosecutors could then charge rape and sodomy, knowing that they know held a confession to an offense that carried a sentence of up to (I believe) five years in confinement.

    "There are things called facts."--Anderson Cooper

    by Wide Awake in KY on Tue May 25, 2010 at 07:06:52 PM PDT

    [ Parent ]

    •  The key phrase being "used to be" (0+ / 0-)

      Is not now, and has not been for quite some time.

      •  Umm... (0+ / 0-)

        Because of Marcum?

        Don't get me wrong; I don't know that this is the case.  It has been quite a while since I have seen a prosecution or defense in a court-martial.  I just think the language of Marcum makes it very clear that unless the government can fit into an exception in Lawrence, there is no chance that they win the case.

        You disagree, I understand.  I hope that my read is right, but would be interested to hear of a case of private, consensual behavior (whether homosexual or heterosexual) that has been prosecuted.  I would, as I noted before, gladly help with the appellate briefs.

        "There are things called facts."--Anderson Cooper

        by Wide Awake in KY on Wed May 26, 2010 at 08:02:33 AM PDT

        [ Parent ]

Subscribe or Donate to support Daily Kos.

  • Recommended (131)
  • Community (65)
  • Media (32)
  • Elections (32)
  • Trans-Pacific Partnership (31)
  • 2016 (29)
  • Law (28)
  • Environment (28)
  • Civil Rights (26)
  • Culture (25)
  • Barack Obama (24)
  • Hillary Clinton (23)
  • Republicans (22)
  • Science (21)
  • Climate Change (21)
  • Labor (20)
  • Economy (19)
  • Josh Duggar (18)
  • Jeb Bush (18)
  • Marriage Equality (17)
  • Click here for the mobile view of the site