United States v. Yates

Appellant was charged with rape and carnal knowledge of his 2-year-old daughter; sodomy with her; and indecent acts with her, in violation of Articles 120, 125, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920, 925, and 934, respectively.1 The Government’s evidence, independent of the confession, established that in the summer of 1985 the victim had gonorrhea, which in almost every instance is transferred by sexual contact. However, according to the medical evidence, the presence of gonorrhea does not prove “with *118any degree of medical certainty ... that there was penetration” or…