United States v. Robinson
United States Court of Appeals for the Armed Forces
77 M.J. 294 (2018)
- Written by Salina Kennedy, JD
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.)
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