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Parts of the Act you should know: Rape? Commission decides punishment

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ryanus Donating Member (511 posts) Send PM | Profile | Ignore Fri Sep-29-06 02:51 PM
Original message
Parts of the Act you should know: Rape? Commission decides punishment
Edited on Fri Sep-29-06 03:24 PM by ryanus
"(21) RAPE.—Any person subject to this chapter who
forcibly or with coercion or threat of force
wrongfully invades the body of a person by penetrating,
however slightly, the anas or genital opening
of the victim with any part of the body of the
accused, or with any foreign object, shall be punished
as a military commission under this chapter may direct.

(22) SEXUAL ASSAULT OR ABUSE.—Any person subject
to this chapter who forcibly or with
coercion or threat of force engages in sexual contact
with one or more persons, or causes one or more
persons to engage in sexual contact, shall be
punished as a military commission under this chapter
may direct."

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h6166eh.txt.pdf
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kurth Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-29-06 02:54 PM
Response to Original message
1. i.e. verbal warning
For repeat offense: Verbal reprimand
After that: Unwritten warning
And after that: Unwritten reprimand
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-29-06 02:55 PM
Response to Original message
2. actually, this refers to crimes committed by unlawful combatants
not the actions of the US against others
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patcox2 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-29-06 02:58 PM
Response to Original message
3. OK, you need to understand how it works.
There are offenses you can be charged with before a military tribunal. these include rape and murder of civilians and a bunch more.

But these provisions only apply if you have already been found to be an "alien unlawful combatant."

US citizens may not be put before these tribunals.
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-29-06 03:05 PM
Response to Reply #3
4. Where in the text of the law does it specify that it can
NEVER be applied to any citizen under any circumstance?
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ryanus Donating Member (511 posts) Send PM | Profile | Ignore Fri Sep-29-06 04:25 PM
Response to Reply #4
5. Here
`In this chapter:

`(1) UNLAWFUL ENEMY COMBATANT- (A) The term `unlawful enemy combatant' means--

`(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or

`(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.

`(B) CO-BELLIGERENT- In this paragraph, the term `co-belligerent', with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy.

`(2) LAWFUL ENEMY COMBATANT- The term `lawful enemy combatant' means a person who is--

`(A) a member of the regular forces of a State party engaged in hostilities against the United States;

`(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or

`(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.

`(3) ALIEN- The term `alien' means a person who is not a citizen of the United States.

And...

Sec. 948c. Persons subject to military commissions

`Any alien unlawful enemy combatant is subject to trial by military commission under this chapter.

So that should make us all feel better that only non-citizens can have their rights tossed out the window. Of course, there would never be abuses where a citizens is brought before a tribunal. I guess technically it doesn't say "only alien unlawful enemy combatants" are subject to trial by military commision. Hmmm...better check the other acts.
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