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Reason
Reason
Eugene Volokh

Is Saying a Fellow Servicemember (Not to Her Face) Is a "Slut" a Crime in the Military?

From U.S. v. Truitt, decided earlier this month by the U.S. Coast Guard Court of Criminal Appeals, in an opinion by Judge Kurt Brubaker, joined by Chief Judge Lane McClelland and Judge Herbert Claiborne Pell:

In this case, we examine the boundaries of the Coast Guard's punitive order prohibiting sexual harassment. Appellant was the leading petty officer of Coast Guard Sector San Francisco's machinery technician shop. She was in a locker room with Machinery Technician Second Class (MK2) TC, who had recently joined the shop. The two were alone, chatting as they changed clothes. While talking about people within the shop, Appellant referred to Seaman (SN) SA, a junior enlisted member of the shop, as "[a] sector slut." MK2 TC testified she found the comment offensive and was "shocked," but said nothing until, about three weeks later, she relayed the comment to SN SA.

During a meeting with junior enlisted members of the shop, Appellant asked whether they felt they could trust her. SN SA said she did not because she heard what Appellant had called her. After the meeting, Appellant said, "You know I didn't mean it. You're like a little sister to me." …

A military judge, sitting as a special court-martial, convicted Appellant of … violating ALCOAST Commandant's Notice (ACN) 003/20, dated 7 January 2020, by sexually harassing SN SA. [Discussion of other charges, related to unrelated misconduct, omitted. -EV] …

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