Assuming that the Uniform Code of Military Justice still has a provision barring adultery (which the article implies), chances are that it only refers to “carnal knowledge” or “sexual intercourse” (as is the case in most adultery laws in jurisdictions that had separate sodomy statutes, since sodomy, whether adulterous or otherwise, was already proscribed), and thus a married soldier who has sexual intercourse with someone other than his or her spouse would violate the Code (and could be prosecuted) but one who has anal or oral sex with someone other than his or her spouse would not violate any provision in the Code.
Even more worrisome, rape laws in
jurisdictions with a separate sodomy statute were usually limited to forcible “sexual intercourse” or to “sexual intercourse” with someone below the age of consent, which excluded non-consensual sodomy from its reach, since all sodomy (consensual or not) was banned by the separate sodomy statute. Congress needs to make damn sure that repealing the prohibition on sodomy from the Uniform Code of Military Justice does not mean that a soldier would be violating the Code when he rapes a woman through vaginal penetration but not through anal penetration (sorry to be so graphic, but rape laws have traditionally banned only the former, since the latter was banned by sodomy statutes).
And removing the ban on bestiality? They couldn’t have given Rick Santorum a greater gift: Santorum was widely ridiculed by the media, and ended up losing his Senate seat, because he pointed out that the U.S. Supreme Court’s creation of a theretofore unknown “constitutional right” to homosexual sodomy would open the door to striking down laws banning bestiality. That the Senate struck down the military ban on bestiality when it rescinded the prohibition on sodomy is too rich.
The wording from the appropriations bill.
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8 ‘‘(d) DEFINITIONS.—In this section:
9 ‘‘(1) ACT OF PROSTITUTION.—The term ‘act of
10 prostitution’ means a sexual act or sexual contact
11 (as defined in section 920(g) of this title (article
12 120(g))) on account of which anything of value is
13 given to, or received by, any person.
14 ‘‘(2) PRIVATE AREA.—The term ‘private area’
15 means the naked or underwear-clad genitalia, anus,
16 buttocks, or female areola or nipple.
17 ‘‘(3) REASONABLE EXPECTATION OF PRI18
VACY.—The term ‘under circumstances in which
19 that other person has a reasonable expectation of
20 privacy’ means—
21 ‘‘(A) circumstances in which a reasonable
22 person would believe that he or she could dis
23
robe in privacy, without being concerned that
24 an image of a private area of the person was
25 being captured; or
1 ‘‘(B) circumstances in which a reasonable
2 person would believe that a private area of the
3 person would not be visible to the public.
4 ‘‘(4) BROADCAST.—The term ‘broadcast’ means
5 to electronically transmit a visual image with the in6
tent that it be viewed by a person or persons.
7 ‘‘(5) DISTRIBUTE.—The term ‘distribute’
8 means delivering to the actual or constructive pos9
session of another, including transmission by elec10
tronic means.
11 ‘‘(6) INDECENT MANNER.—The term ‘indecent
12 manner’ means conduct that amounts to a form of
13 immorality relating to sexual impurity which is
14 grossly vulgar, obscene, and repugnant to common
15 propriety, and tends to excite sexual desire or de16
prave morals with respect to sexual relations.’’.
17 (d) REPEAL OF SODOMY ARTICLE.—Section 925 of
18 such title (article 125 of the Uniform Code of Military
19 Justice) is repealed.
20 (e) CONFORMING AMENDMENTS.—Chapter 47 of
21 such title (the Uniform Code of Military Justice) is further
22 amended as follows:
23 (1) STATUTE OF LIMITATIONS.—Subparagraph
24 (B) of section 843(b)(2) (article 43(b)(2)) is amend25
ed—
1 (A) in clause (i), by striking ‘‘section 920
2 of this title (article 120)’’ and inserting ‘‘sec3
tion 920, 920a, 920b, or 920c of this title (arti4
cle 120, 120a, 120b, or 120c)’’;
5 (B) by striking clause (iii); and
6 (C) in clause (v)—
7 (i) by striking ‘‘indecent assault’’;
8 (ii) by striking ‘‘rape, or sodomy,’’
9 and inserting ‘‘or rape,’’; and
10 (iii) by striking ‘‘or liberties with a
11 child’’.
12 (2) MURDER.—Paragraph (4) of section 918
13 (article 118) is amended—
14 (A) by striking ‘‘sodomy,’’; and
15 (B) by striking ‘‘aggravated sexual as16
sault,’’ and all that follows through ‘‘with a
17 child,’’ and inserting ‘‘sexual assault, sexual as18
sault of a child, aggravated sexual contact, sex19
ual abuse of a child,’’.