Category: Navy Marine Corps Court of Criminal Appeals
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The Definition of Incapacitation Under Article 120 – US V. Newlan
Sep 19, 2016Over the last few years, Article 120 and the law of sexual assault in the military has undergone seemingly never-ending revisions.One of the biggest challenges has been defining the concept of “incapacitation.”Articles 120 (b)(3)(A) and 120 (d) prohibit sexual activity with a person incapable of consenting because of impairment from drugs or alcohol.Several years ago,...View Article