United States v. Hughes

I concur in the result reached by the majority but not with much of its reasoning. To me and, perhaps more importantly, to the victim in this case, this case is a rape case, not a fraud case.* To be successful in a rape case, as an affirmative defense, the defense of “consent to intercourse” must show that the victim consented not only to the act of intercourse but also to the particular person performing the act. In United States v. Traylor, 40 MJ 248 (CMA 1994), there was no consent to the second man performing intercourse with the victim. Therefore, the rape conviction was affirmed. In…