The lawyer for a USAF Colonel facing charges of rape, assault, adultery and lewd acts is requesting the court throw out the adultery charge due to what he perceives as a UCMJ bias against heterosexuals.
According to the Air Force Times, lawyers of former 50th Space Wing vice commander Colonel Eugene Caughey claim at least half a dozen of the adultery charges should be removed as military law’s ban on extramarital sex only applies to heterosexuals.
During pretrial motions Monday, defense attorney Major Keith Meister told USAF Judge Colonel Wes Moore that the DoD’s definition of adultery is defined as an act between a man and a woman, and thus is outdated due to the inclusion of homosexuals into the military. Therefore, the UCMJ labeling of intercourse outside of marriage as “an element of guilt” bears a one-sided bias towards straight couples.
“A homosexual man or woman couldn’t commit adultery as defined,” Meister argued, alluding to the notion that the Charges against Caughey would be in violation of the 14th Amendment, which guarantee equal protection under law.
Prosecutor Major Brian mason rebutted that gay couples are also subject to penalty for infidelity under Article 134, which covers bringing discredit upon the armed forces, although the charge would be gender-blind.
Colonel Caughey -who is currently based at Peterson AFB, Colorado- is facing a court-martial in August after being charged with two counts of rape and assault in 2014 or 2015 after allegedly using force to hold a victim “against the wall and floor” during a sexual act, court documents reveal. The 24-year USAF veteran also committed six counts of adultery between 2013 and 2015, as well as other charges- including taking a photo of his genitals while in uniform at his office.
If convicted, he faces up to 12 years in prison for the six adultery charges, as well as life sentences for the counts of rape.
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