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Female Airman Punished for Threesome
Stars and Stripes | By Scott Schonauer | May 24, 2007
SPANGDAHLEM AIR BASE, Germany ? A Spangdahlem-based airman was sentenced Monday to four months confinement for her part in a sexual act with two other airmen.
Airman 1st Class Ashley N. Rains pleaded guilty at a court-martial to two indecent acts charges.
She had faced rape and sodomy charges but admitted to the lesser charges as part of a plea deal.
Judge (Col.) Gordon Hammock also sentenced Rains, 22, an aircrew life support specialist with the 22nd Fighter Squadron, to reduction to the lowest pay grade.
She faced a maximum sentence that included as many as 10 years in a military prison, but Air Force prosecutors argued for a lighter sentence of two years.
The alcohol-induced menage a trois on Sept. 24 in Bitburg included a male airman and a female staff sergeant.
But both prosecution and defense lawyers debated whether it was consensual among the three.
Rains and Airman Christopher D. Hicks are the only airmen charged in the incident because the Air Force lawyers said the staff sergeant was too drunk to give consent.
Air Force prosecutor Capt. Mike Felsen said the staff sergeant ?appeared drunk? and slipped ?in and out of consciousness? while Rains and Hicks performed sexual acts with her.
Felsen argued the staff sergeant, who did not testify during the trial, was vulnerable and Rains and Hicks took advantage of her.
But Rains? defense attorney, Capt. Matthew King, called the incident a situation involving three consenting adults with ?various degrees of intoxication.?
King argued that Rains shouldn?t go to jail for what amounts to a drunken threesome.
?Does she really have to go to jail for this?? he asked.
The Air Force had charged Rains with rape and sodomy, but prosecutors could not prove the more serious charges, King added, therefore, the question of consent isn?t relevant in Rains? case.
Rains said she was embarrassed by the episode.
?I?ve learned from this mistake,? she said during a statement she read at the trial.
Hicks faces more serious charges.
The airman, who is assigned to the 52nd Civil Engineer Squadron, has been charged with rape and sodomy and will face a court-martial at Spangdahlem Air Base on May 30.
This would never have happened in the Coast Guard. Their too smart and would not have gotten caught...
NO - NO
Tell me your kidding ...
UCMJ
Article 125?Sodomy
Text.
?(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient
to complete the offense.
(b) Any person found guilty of sodomy shall by punished as a court-martial may direct.?
Elements.
(1) That the accused engaged in unnatural carnal copulation with a certain other person or with an animal. (Note: Add either or both of the following elements, if applicable)
(2) That the act was done with a child under the age of 16.
(3) That the act was done by force and without the consent of the other person.
Explanation.
It is unnatural carnal copulation for a person to take into that person?s mouth or anus the sexual organ of another person or of an animal; or to place that person?s sexual organ in the mouth or anus of another person or of an animal; or to have carnal copulation in any opening of the body, except the sexual parts, with another person; or to have carnal copulation with an animal.
Lesser included offenses.
(1) With a child under the age of 16.
(a) Article 125?forcible sodomy (and offenses included therein; see subparagraph (2) below)
(b) Article 134?indecent acts with a child under 16
(c) Article 80?attempts
(2) Forcible sodomy.
(a) Article 125?sodomy (and offenses included therein; see subparagraph (3) below)
(b) Article 134?assault with intent to commit sodomy
(c) Article 134?indecent assault
(d) Article 80?attempts.
(3) Sodomy.
(a) Article 134?indecent acts with another
(b) Article 80?attempts
Maximum punishment.
(1) By force and without consent. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.
(2) With a child who, at the time of the offense, has attained the age of 12 but is under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
(3) With a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.
(4) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
X2
Besides, coast gaurdsmen are like sailors. They perfer playing tummysticks or chocolate cave spelunking right?
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