United States v. Langley
United States Court of Military Appeals
33 M.J. 278 (1991)
- Written by Sharon Feldman, JD
Facts
Oney Langley (defendant) was charged with assault with intent to commit rape and tried by a court-martial. Langley’s defense was intoxication and mistake of fact as to the victim’s lack of consent. The military judge instructed the court-martial members that if Langley mistakenly believed the victim was consenting to his attempt to have intercourse and his mistake or belief was reasonable, he should not be found guilty of assault with intent to commit rape. Langley was convicted. The court of military review affirmed. On appeal, Langley argued that the military judge erred by instructing the court-martial members that Langley’s mistake of fact as to the victim’s consent had to be both honest and reasonable rather than merely honest.
Rule of Law
Issue
Holding and Reasoning (Everett, J.)
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