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United States Court of Military Appeals· 1/27/1992

United States v. Mathai

Citations

  • 34 M.J. 33
  • 1992 CMA LEXIS 2
  • 1992 WL 9892

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that evidence of rape was sufficient where the record established that the victim was unconscious due to alcohol intoxication, \and that [the appellant] reasonably knew or should have known that she had not consented\
  • affirming kidnapping conviction where NCO appellant inveigled victim into his office by stating, “[f]ollow me, Private”
  • sufficient evidence for Article 120 conviction where the trier of fact could find that the victim “was unconscious, that she could not consent to sexual intercourse, and that appellant reasonably knew or should have known that she had not so consented”
  • sufficient evidence 11 COE — ARMY 20220052 for Article 120 conviction where the trier of fact could find that the victim “was unconscious, that she could not consent to sexual intercourse, and that appellant reasonably knew or should have known that she had not so consented.”
  • “without consent” satisfied where victim unconscious

Source: CourtListener parenthetical corpus (CC0).

Judges: Cox, Crawford, Everett, Gierke, Sullivan, Wiss

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

Cites

10 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.