United States v. Webster

I concur with Judge Edwards’ opinion and write separately to express my views that, as Article 120(a), UCMJ is currently applied, the offense of rape in the military justice system is guided, not by law, but by individual perceptions of the offense. This is unsatisfactory.

Until the recent amendment by Section 1066 of the National Defense Authorization Act for Fiscal Year 1993, Pub.L. No. 102-484, Oct. 23, 1992, 106 Stat. 2315, 2506, making the offense sex neutral, Article 120(a) has remained unchanged since its enactment. Even with this change, the essential elements of the offense are an act…