Alcohol and Consent in the UCMJ (part 1)

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Alcohol and consent.

Did you know you can still drink and consent to intimate relations with another person?

Any civilian watching this is like, “yeah, duh.” But if you’re in the military, that might be news to you.

One of the biggest problems that I still have to this day as a trial attorney during jury selection, when I’m picking a jury, or in the military, they call it a panel, is combating this misinformation that’s been put out about alcohol and consent.

Service members are often taught that if they have even one drink, that they cannot consent. But that is not the law and that is not the reality we all live in.

And if you disagree with me, let me give you a quick hypothetical and then ask you just one simple question. Two people are getting married and at the wedding reception, they both have a glass of champagne and then immediately leave and go up to the hotel room to consummate their marriage. Who SA’d who?

 

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