US Air Force v. E-6 (Article 15) (Sexual Assault, Hazing)

Ramstein AFB, Germany

Client was an EOD technician accused of sexually assaulting, and hazing a new member of the EOD team. In the Air Force EOD units, there is a tradition called the “EOD Kiss” were individuals are welcomed into the unit by kissing each other in order to show the ultimate trust between its members. It is not a requirement. It is not hazing. However, the alleged victim in this case felt pressured and forced to do so on one particular evening while out with the EOD team. Witness reports did not corroborate his claim. In fact, a careful study of the alleged victims activities showed that he had no problem giving kisses in the days that followed this event. The real motivation for the claim was the fact that the alleged victim was a substandard performer and wanted out of the unit. He got his wish. Client’s Article 15 was dismissed.

Result: Article 15 dismissed. Letter of Concern issued (this does not go in Client’s permanent file.)

Article 120 is the military statute which defines rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact.  These offenses include different types of unlawful, forced sexual activities on another person.  Charges related to sexual misconduct involving a minor fall under Article 120b.