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TITLE Supreme Court en banc Decision 2019Do3047 Decided April 21, 2022 ¡¼Indecent Act¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ [1] Whether Article 92-6 of the Military Criminal Act applies in a case where anal intercourse or any similar act between same-sex servicemen have taken place in a private space with the voluntary consent of both parties and it is difficult to consider such sexual engagement a direct and specific infringement of healthy cultures and discipline of the military community (negative) [2] In a case where Defendant A and Defendant B, both military servicemen, were accused of violating the Military Criminal Act consisting of: (a) Defendant A¡¯s commission of acts of indecency by mutually kissing and performing oral and anal sex with Party C, who is also a military serviceman, in his bachelor enlisted quarter; and (b) Defendant B¡¯s commission of indecent acts with Defendant A in the same manner as above in Defendant B¡¯s bachelor enlisted quarter, the case holding that the Defendants¡¯ conduct does not constitute ¡°anal intercourse or any other indecent act¡± subject to criminal punishment under Article 92-6 of the Military Criminal Act, in light of the circumstances that the Defendants and Party C are all male military servicemen and that they engaged in consensual oral and anal intercourse based on their freely formed intent at the Defendants¡¯ bachelor enlisted quarters after duty hours and on weekends
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