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Criminal Law Keyed to Osler
United States v. Cartright
Citation:2013 WL 4734520 (U.S. Air Force Court of Military Appeals, 2013)
After a second evening of drinking, the victim AL and a fellow male friend from her duty section DL spent the night at the defendant’s off-base home. When they got back from the bars they watched football and had more drinks. AL and the defendant were sitting on a futon and DL was on a nearby couch. AL changed into shorts offered to her by the defendant and laid down to go to sleep on the futon with the defendant still watching the tv, sitting on the edge of the futon.
When AL awoke, she realized the defendant had his hand inside her shorts and underwear, touching her genitals. She grabbed his hand and pulled it out, and defendant responded “it was okay”. He appeared drunk, but AL thought it was over so she rolled over and went went back to sleep. She awoke again to the defendant being somewhat on top of her, her shorts and underwear were pulled halfway down, and his head was near her crotch. She sat up, pushed the defendant off, and asked him what he was doing. He responded “it was okay”. AL then went to the bathroom to contact other people to see if she could leave. After not getting any response and the time of night it was, she decided it was safer to stay at the house and try and stay awake. She went back to the futon and moved as far away from the defendant as possible. Again, the defendant rolled over, put a blanket over her, and slide his hands down her shorts. AL grabbed his harm and moved it away, stating she did not want to do anything with him.
The next morning, DL stated the defendant did no appear impaired or hungover. AL told DL about the incident the next day at the base. A week later DL told the defendant what AL had told him, and he said he did not remember anything. It was not until word got around did AL’s supervisor did she report the incident. Defendant was charged with abusive sexual contact with AL when she was substantially incapacitated.
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