United States v. Schreck

DECISION

ARROWOOD, Senior Judge:

We hold in this case that the mental condition of the victim after a sexual offense and a confession of the accused to the offense can be admitted in aggravation as circumstances surrounding the offense charged.

In accordance with his pleas, the accused was found guilty of sodomy and lewd and lascivious acts upon males under sixteen years of age. Upon acceptance of the guilty pleas and findings of guilty by the military judge, a stipulation of facts describing the offenses was admitted into evidence. Before the accused presented any evidence, trial counsel…