United States v. Plott

OPINION OF THE COURT

RIVES, Judge:

Is an adult male a pedophile if he has sex with a female under the age of 16? In this case, the defense established that appellant was not. Over objection, the military judge *514nonetheless permitted the members to receive substantial prosecution testimony about the poor rehabilitative potential of pedophiles. Finding prejudicial error, we set aside the sentence.

I

Factual Background

Tried by general court-martial composed of officer members, appellant was convicted, despite his pleas, of rape and adultery on divers occasions over a 20-month period and of two…