U.S. v. Wilson, 66 M.J. 39

Core Criminal Law Subjects: Crimes: Article 125 - Sodomy Pre-2019 offenses

1. there is no mistake of fact defense available with regard to the child’s age in the Article 125, UCMJ, offense of sodomy with a child under the age of sixteen

Core Criminal Law Subjects: Defenses: Mistake of Fact

1. there is no mistake of fact defense available with regard to the child’s age in the Article 125, UCMJ, offense of sodomy with a child under the age of sixteen
2. if a mens rea exists with respect to the fact of age, a mistake of fact defense would inexorably follow
3. creation of a mistake of fact defense with regard to the child’s age in the Article 125, UCMJ, offense of sodomy with a child under the age of sixteen, is a decision for policymakers, and not for the CAAF
4. the practice of the majority of jurisdictions is that the crime of sodomy with a child does not contain a mens rea with respect to the age of the child or permit a mistake of fact defense absent legislative action

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

1. an appellate court rejects a guilty plea only where the record shows a substantial basis in law and fact for questioning a plea, and it reviews a military judge’s decision to accept a guilty plea for an abuse of discretion

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. where Congress includes particular language in one section of a statute but omits it in another section, it is generally presumed that Congress acts intentionally and purposely in the disparate exclusion