Legal Opinion · Dissent

United States v. Peszynski

U.S. Navy-Marine Corps Court of Military Review

Decided August 30, 1994No. NMCM 92 02202Published

1DissentWelch, Senior Judge

I respectfully disagree with the majority’s decision to dismiss the “sexual harassment” specifications (Specifications 4, 5, and 6 of Charge III). I concur with their disposition *885of other issues raised by the appellant. My reasoning is summarized below.

I. The Evidence Proved Sexual Harassment

Factually, this case is easy. The record clearly demonstrates that the appellant sexually harassed women on board Naval Air Station Barbers Point, Hawaii. Over an extended period of time, three women were the targets of his coarse remarks and gestures of a sexual nature. Two of the women were also…

2Cases cited15 opinions

  1. Parker v. LevySupreme Court of the United States · 1974
  2. Jacobellis v. OhioSupreme Court of the United States · 1964
  3. United States v. SellUnited States Court of Military Appeals · 1953
  4. United States v. ManceUnited States Court of Military Appeals · 1988
  5. Swaim v. United StatesSupreme Court of the United States · 1897

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