the child with the boyfriend. Nevertheless, she left the child with the boyfriend from 1630-0430 hours.
The result was as follows: "massive intra-abdominal bleeding, lacerations of the liver, acute subdural
hemorrhage, contusions and abrasion of the scalp, and numerous contusions of the abdominal wall, chest
and back. The child was determined to be dead at 0430 hours as a result of the massive abdominal
bleeding."
QUESTION: What is the issue here?
ANSWER: was the accused guilty of simple negligence and was the child's death a result "which a
reasonable person would foresee". The court said yes, as "the death of the child was a natural and
foreseeable consequence of her negligent act." The negligent act, of course was leaving the child with
the boyfriend. In other words, "the mother's negligent failure to remove the child from the environment
was a proximate cause to death."
But see United States v. Robertson, 37 MJ 432 (CMA 1993) (Evidence of accused's negligence
in connection with treatment of son's eating disorder was insufficient as a matter of law to support
accused's conviction of negligent homicide in connection with the death of accused's 15 year old
anorexic/bulimic son).
PART C - SEX CRIMES
A major group of crimes against the person is sex crimes. The military policeman's role in the
investigation of sex offenses is a tremendously important one. There may be no witnesses apart from
the victim and the suspect. Since sexual misconduct is such a delicate matter, it is critical that the
military investigator be acutely aware of the elements of the various sex offenses in order to properly
focus on the relevant investigative issues while being as diplomatic as possible when questioning
victims, witnesses, and suspects.
A. Rape (Article 120(a), UCMJ). The offense of rape consists of two elements:
1. The accused committed an act of sexual intercourse with another person; and
2. The act of sexual intercourse was done by force and without that person's consent.
Regarding the element of intercourse, any penetration, however slight, is sufficient to
complete this offense. Part IV, MCM 1984, para 45(c) (1) (a). Evidence of penetration may be obtained
through the victim's testimony or medical testimony or both.
COMMENT: THE ELEMENTS OF FORCE AND LACK OF CONSENT ARE NECESSARY TO THE
CRIME OF RAPE. IN ORDER FOR SUCH AN ACT TO BE DONE BY FORCE AND WITHOUT
CONSENT THE VICTIM MUST TAKE REASONABLE MEASURES TO RESIST.
1-19
MP1019
Previous Page
