United States v. Robinson

77 M.J. 294 (2018)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

United States v. Robinson

United States Court of Appeals for the Armed Forces
77 M.J. 294 (2018)

Facts

Specialist Torrance A. Robinson (defendant) attended a party at which Specialist VM, a junior enlisted soldier, was present. VM became intoxicated at the party. Witnesses, including Robinson, saw VM stumbling and slurring her speech. VM abruptly decided to leave the party, nearly hitting a stop sign as she left to drive home. The host, who was concerned about VM’s condition followed her in another car. The host later returned to the party and let everyone know that VM had made it home safely. After the party, Robinson told his wife that he was going to check on a drunk soldier in the barracks. Robinson went to VM’s barracks room, saw that she was in bed, and noticed a trash can and a bottle of water next to the bed. According to Robinson, VM was “pretty much asleep” when he arrived, but she reached out to him, grabbed his wrist, asked him to stay, and initiated a sexual encounter. Robinson subsequently told an investigator that he later thought VM was probably too intoxicated to have sex. According to VM, she did not hear Robinson enter her room. She briefly woke up to him sexually assaulting her but then blacked out and did not remember details about what had happened. Robinson was tried by court-martial for sexual assault. At trial, the prosecution argued that VM had been too intoxicated to consent. Robinson argued that he reasonably believed that VM had consented. Robinson was convicted of sexual assault, and the Court of Criminal Appeals affirmed. Robinson appealed, arguing that the evidence was insufficient to establish that he knew or reasonably should have known that VM was incapable of consenting.

Rule of Law

Issue

Holding and Reasoning (Ohlson, J.)

Concurrence (Effron, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership