United States v. Pierce

I concur with the lead opinion. I write separately only to share my disagreement with the dissenters’ view that the lead opinion suggests that a “clearly erroneous” reversal of a rape conviction is not an “exceptional” case warranting en banc review.

*589I.

Issues surrounding sexual conduct by male and female soldiers living together in the barracks evoke strong emotions. The “acquaintance rape” debate has begun to change popular perception regarding the criminalization of all nonconsensual intercourse as rape. Some have determined what a politically correct result should be. Unfortunately,…