067 United States v. Swisher

Just before last call in a beachfront party area, two sets of men observed a woman that was a little too drunk.  What they chose to do, having realized she was so vulnerable, proved the litmus test for them. The events of December 1, 2019 stand to show that it's perhaps not all men that would assault women when given the opportunity, but certainly Lance Corporal Swisher.

I relied heavily on all three NMCCA opinions (1, 2, 3) and the CAAF opinion, and briefing. I also reference information from AP News, WPDE, WMBF News, and CNN.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.

 

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Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.