United States v. Alston
2010 CAAF LEXIS 988
C.A.A.F.2010Background
- Alston, a U.S. Army Specialist, was tried by general court-martial for rape by force and aggravated sexual assault under UCMJ Article 120.
- PV2 T testified that Appellant digitally penetrated her vagina after initial resistance, and she reported the incident two days later.
- Defense argued the acts were consensual and that Appellant ceased when PV2 T resisted.
- The military judge instructed on the elements of rape and, over defense objection, on aggravated sexual assault as a lesser included offense.
- The panel found Appellant not guilty of rape by force but guilty of aggravated sexual assault.
- The Army Court of Criminal Appeals affirmed; the issue was whether aggravated sexual assault is a lesser included offense of rape by force and whether notice was adequate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is aggravated sexual assault a lesser included offense of rape by force? | Alston: not a lesser included offense; insufficient notice. | United States: elements show lesser included offense; notice satisfied despite MCM list not exhaustive. | Yes; aggravated sexual assault is a lesser included offense; notice adequate; MJ properly instructed. |
Key Cases Cited
- United States v. Schmuck, 489 U.S. 705 (1989) (elements test for lesser included offenses)
- Carter v. United States, 530 U.S. 255 (2000) (statutory meaning used to interpret offense elements)
- United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) (applies elements test under Article 79, UCMJ)