Legal Opinion · Dissent

United States v. Baker

Court of Appeals for the Armed Forces

Decided September 30, 2002No. 01-0064/AF; Crim.App. 34069Published

1DissentBaker, Judge

Military service is a line of departure to adulthood. After taking the service oath, a young man or woman is no longer judged by the standards of an adolescent teenager, but rather as an adult by, among other things, the standards contained in the Uniform Code of Military Justice (UCMJ). Changes in maturity, discipline, and values may be less immediate.

At the time of his consensual sexual conduct with KAS, appellant was an adult. KAS was a fifteen-year-old child. Whether appellant’s conduct was indecent was, on these facts, a contextual judgment for the trier of fact to make based on all the…

2Cases cited16 opinions

  1. Henderson v. KibbeSupreme Court of the United States · 1977
  2. United States v. PowellCourt of Appeals for the Armed Forces · 1998
  3. United States v. HoltUnited States Court of Military Appeals · 1991
  4. United States v. FinsterCourt of Appeals for the Armed Forces · 1999
  5. United States v. ArcadipaneCourt of Appeals for the First Circuit · 1994

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