United States v. Aguilar

OPINION OF THE COURT

GREGORY, Senior Judge:

The appellant was tried before a general court-martial composed of military judge alone on one charge with three specifications of sexual assault on two noncommissioned officers in his unit, Staff Sergeant (SSgt) SJF and SSgt JSG, in violation of Article 120, UCMJ, 10 U.S.C. § 920. Specification 1 alleged an aggravated sexual assault on SSgt SJF while she was substantially incapacitated; Specification 2 alleged rape by physical violence on the same SSgt SJF on the same night after she awoke. Specification 3 alleged aggravated sexual assault by causing…