The attorney for a colonel facing charges of rape, assault, adultery and lewd acts — plus taking pictures of his genitalia while in uniform — has asked a court to throw out the adultery charges, claiming the military justice system is biased against heterosexuals.
Lawyers representing Col. Eugene Caughey, the former vice commander of the 50th Space Wing at Schriever Air Force Base, Colorado, say at least six charges of adultery are misdirected because the military's law banning extramarital sex only applies to heterosexuals, the Colorado Springs Gazette reports.
Caughey's case is set for a court-martial in August.
During pretrial motions on Monday, defense attorney Maj. Keith Meister told Air Force judge Col. Wes Moore that the Defense Department's definition of adultery is outdated, since it is defined as an act between a man and woman, the Gazette reported. Marriage, Meister says, now includes same-sex couples, Meister noted, but But the Uniform Code of Military Justice labels intercourse outside of marriage as "an element of guilt" in adultery cases only if it's between a man and a woman.
"A homosexual man or woman couldn't commit adultery as defined," Meister argued. These charges against Caughey would be in violation of his 14th Amendment rights, which guarantee equal protection of the laws.views everyone as equal.
The prosecutor, Maj. Brian Mason, countered that argued gay couples are also subject to penalties for violating their marriage vows stepping outside their marriage under Article 134 of the UCMJ, bringing discredit upon the armed forces, which does not specify sexual preference.
Caughey, currently assigned to Air Force Space Command at Peterson Air Force Base, Colorado, was charged Dec.10 with two counts of rape and assault at Schriever in late 2014 or early 2015 after he allegedly used "unlawful force" to hold the victim "against the wall and floor" while committing a sexual act, charge sheet documents reveal. He was also charged with various acts of alleged misconduct dating back to 2013, according to his charge sheet.
Caughey, a The 24-year Air Force veteran, allegedly committed six counts of adultery between 2013 and 2015, in violation of Article 134 of the UCMJ. One charge with two specifications in violation of Article 133 of the UCMJ, conduct unbecoming of an officer and gentleman, states that Caughey took a photo of his genitals while in uniform in his office.
Caughey has been charged with unlawfully groping women on two other occasions, according to court documents.
He faces up to 12 years in prison for the six charges linked to adultery, the Gazette said. Caughey could serve life sentences for the additional rape counts.
Oriana Pawlyk covers deployments, cyber, Guard/Reserve, uniforms, physical training, crime and operations in the Middle East and Europe for Air Force Times. She was the Early Bird Brief editor in 2015. Email her at opawlyk@airforcetimes.com.
