United States v. Dearman

OPINION OF THE COURT

MITCHELL, Senior Judge:

The primary issue in this case is multiplicity. We are asked to decide whether the offenses of attempted rape and forcible sodomy (cunnilingus), both alleged to have occurred within the span of a few minutes and committed upon the same victim, were separately punishable.1 We say that they were.

I

On 4 August 1978 the dependent wife of an Army sergeant reported to the dispensary at Lee Barracks, Mainz, Germany, to begin her induction physical for entry into the U.S. Army. The accused, an x-ray technician, prepared her for a chest x-ray by directing her…