United States v. Medina

While I concur with the majority’s ultimate holding in this matter, I am compelled to write separately so as to set forth my view that the trial judge did not err by applying the Benehbook1 instruction on the issue of consent in an obvious effort to salvage this poorly written, confusing and arguably absurdly structured and articulated act of Congress. Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920.

Here, the trial judge confronted a statute which has confounded the military justice community since its adoption and used a legitimate weapon placed at his disposal, the Military…