U.S. v. Fuller, 54 M.J. 107

Core Criminal Law Subjects: Crimes: Article 93 - Cruelty and Maltreatment Pre-2019 offenses

1. evidence of maltreatment was found legally insufficient where the conviction was based primarily on evidence of consensual sexual relations between appellant and a PFC who was a female soldier in appellant’s unit; Article 93, UCMJ, is not a strict liability offense punishing all improper relationships between superior and subordinates
2. appellant was a superior noncommissioned officer and PFC’s platoon sergeant, a relationship which could create a unique situation of dominance and control; however, where PFC was apparently not intoxicated and was a willing participant throughout an entire evening, the record in this case provided no indication that PFC felt unable to resist appellant’s actions
3. considered in light of the facts and circumstances of the case, a comment by appellant to another noncommissioned officer, to the effect of "you’ve gotta get some of this", was legally insufficient standing alone to constitute the offense of maltreatment by sexual harassment; although the comment may have been embarrassing to a female PFC, but the comment does not support a finding of maltreatment by sexual harassment
4. under the circumstances of this case, appellant’s conduct did not constitute maltreatment; however, that conduct, including sexual relations with a PFC and encouraging another noncommissioned officer to have sexual intercourse with her, was prejudicial to good order and discipline or service discrediting and constituted the lesser-included offense of a simple disorder under Article 134, UCMJ

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. in reviewing for legal sufficiency, the court must view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Lesser Included Offenses

1. under the circumstances of this case, appellant’s conduct did not constitute maltreatment; however, that conduct, including sexual relations with a PFC and encouraging another noncommissioned officer to have sexual intercourse with her, was prejudicial to good order and discipline or service discrediting and constituted the lesser-included offense of a simple disorder under Article 134, UCMJ