United States v. Schloff

2014 WL 7227689 (2014)

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United States v. Schloff

United States Army Court of Criminal Appeals
2014 WL 7227689 (2014)

Facts

First Lieutenant Christopher S. Schloff (defendant), a physician’s assistant, was charged with abusive sexual contact for touching the breasts of a patient, Sergeant CP, with a stethoscope under the guise of a conducting a medical examination. A court-martial panel convicted Schloff of abusive sexual contact in violation of Article 120 of the Uniform Code of Military Jurisdiction (UCMJ). Immediately after the panel returned its findings, the military judge dismissed the charge for failure to state an offense and set aside Schloff’s conviction. The military judge reasoned that the offense of abusive sexual contact was limited to a touching in which part of the accused’s body touched the body of the alleged victim. Because Schloff touched CP with a stethoscope and not with any part of his body, the military judge concluded that the evidence was insufficient to prove that Schloff had committed the offense. The United States government (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Haight, J.)

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