Judicial Proceedings Panel

Subcommittee Meeting

August 27, 2015
Arlington, VA

Article 120, Uniform Code of Military Justice Deliberations

Abuse of Authority/Coercive Sexual Offenses


Panel Deliberations on Article 120 Issues

8:30 – 9:00        Comments from Chair

9:00 – 10:15      Prosecution Perspectives: Abuse of Power/Coercive Sexual Offenses

10:15 - 11:30     Defense Perspectives: Abuse of Power/Coercive Sexual Offenses

11:30 - 12:30     Lunch

12:30 - 2:00       Training Command Staff Judge Advocates’ Perspectives on Abuse of Power/Coercive Sexual Offenses

2:00 - 3:00         DoD SORNA Representative Perspectives: Sex Offender Registration

3:00 - 5:00         Deliberations

Email from Lieutenant Colonel Glen Hines to Subcommittee Members, reference "Old" Article 120 "Constructive Force" Instructions   Bench Book Instructions from Pre-2007 version of Article 120 on "Constructive Force"

U.S. v. Simpson, 55 Military Justice 674 (Army Court of Criminal Appeal, 2001)

U.S. v. Simpson, 58 Military Justice 368 (Court of Appeals for the Armed Forces, 2003)

Reveille for Congress: A Challenge to Revise Rape Law in the Military, Captain Alexander N. Pickands, 45 William & Mary Law Review 2425, dated 2004

Sexual Abuse of Power, Michael Buchhandler-Raphael, 21 University of Florida Journal of Law & Public Policy 77, dated April, 2010

The New Gender Panic: Reflections on Sex Scandals and the Military, Martha Chamallas, 83 Minnesota Law Review 305, dated December, 1998

Consent Obtained by Abuse of Power or Position, Dan Dobbs, et al, Dobbs' Law of Torts, dated June, 2014

Summary of Presenters Comments - Whether Article 120 Should be Amended to Specifically Address Abuse of Authority Offenses, prepared by JPP Staff

State and Federal Statutes Criminalizing Sexual Acts with Prisoners, Detainees, or Wards

Proposed Revision to Model Penal Code, Section 213.2, tentative DRAFT by American Law Institute, dated April 30, 2014

House of Representatives 430ih, Protect Our Military Trainees Act

A Lifetime of Consequences: Registering Convicted Military Sex Offenders, Major Ryan Oakley, The Reporter, dated 2013

Department of Defense Sex Offender List of Qualifying Offenses (DoDI 1325-07, Enclosure 2, Appendix 4)

Military Sex Offender Reporting Act of 2015

Department of Defense DRAFT Policy Amendments on Sex Offender Reporting (DTM 15-003)

Registered Sex Offender (RSO) Indentification, Notification, Monitoring, and Tracking in the Department of Defense, Mr. John F. Awtrey, Director, Law Enforcement Policy & Support, dated August 27, 2015

Department of the Army Pamphlet 27-9, Military Judges' Bench Book, pages 474 and 477, effective June 28, 2012


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