[Non-Sequitur]

So in other words, it wasn't that confederate soldiers never raped, they just weren't tried for it? That sounds like either a condemnation of the confederate military or a condemnation of what passed for the confederate legal system.

[4CJ]

That sounds like either a condemnation of the confederate military or a condemnation of what passed for the confederate legal system.

Au contraire. Along with Article 33 above, this section of Article 32 applied as well:

Every officer commanding in quarters, garrisons, or on the march, shall keep good order, and, to the utmost of his power, redress all abuses or disorders which may be committed by any officer or soldier under his command.

Again, the Confederates codified the offense so that military courts/tribunals would have jurisdiction. If a rape (or other offense) did occur the commanding officer was legally bound to arrange for judicial proceedings.