Although we question the prosecutorial judgment in charging adultery in conjunction with an instance of sexual assault, we find the evidence is legally and factually sufficient to sustain the conviction in this particular case. Article 66(c), UCMJ, 10 U.S.C. § 866(c).
United States v. Dockery, No. 38624, n. 1 (A.F. Ct. Crim. App. 2 December 2015).
The military’s charging of adultery along with sexual assault allegations has been the topic of some derision over the years. The reason for the charge is several-fold.
- If there’s an acquittal on the sexual assault there may be a conviction on the adultery in a consensual sex case, so it’s a “win,” and they can tell people they got him on something.
- It might encourage the accused to testify.