To: Lucky Dog
Well I really wasn't posing an objection, just noting the VERY broad sweep of the statute. Your points are very well taken -- and as a practical matter, sodomy prosecutions in the military are only brought in NONCONSENSUAL cases, i.e, as an extra charge if a rape/sexual assault has been alleged. Much the same as how adultery prosecutions are generally only brought when other misconduct is also at issue (an example is that chaplain, CAPT Lee).
To: LN2Campy
Actually, you are incorrect. As a unit commander with UCMJ authority, I had the very unpleasant duty of ordering punishment for violators of Article 125 after an appropriate investigation and proceeding. There was no element of force in in this case nor any of the cases of which I am personally aware.
You are correct in that the article is very broad. However, a commander's discretion is also very broad and all in my experience pursued action only when the incident or individual presented a threat to the "good order and discipline" of the unit or hampered its mission in some way. I found the same to be true of most if not all of the nonviolent portions of the UCMJ.
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