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Sex, UCMJ, and Videotape

One of the ironies of military service is that those who defend the freedom of Americans have to give up a good chunk of their own for the duration of their service.  Andrew Tilghman reports for the Army Times:

Making a sex tape is a crime under the Uniform Code of Military Justice, the military's highest court has ruled.

While it is perfectly legal for civilians to make videos of themselves having sex, service members are prohibited from doing so because it is "both prejudicial to good order and discipline and service discrediting."

The Court of Appeals for the Armed Forces ruled that making a sex tape -- even if it is never distributed and nobody sees it -- amounts to having sex in public, according to a decision issued on May 23.

The case stems from the conviction of Staff Sgt. Ivan Goings, an Army medic. A search of his off-post home in Heidelberg, Germany, turned up a video made in 2006 showing him and another man taking turns having consensual sex with an unidentified German woman.

Goings claimed that the 2008 conviction violated his constitutional rights to private sexual activity.

Hey, it's part of the package.  When you sign up, you agree to abide by a stricter set of rules.  I did it for six years.  And refraining from making sex tapes is one of the easier hardships.


Having spent five years in, I'd say it's pretty likely the command had it in for him or he did something else they wanted to burn him for. There is also the distinct lack of notice as to the prohibited conduct. Was he in uniform?

Having spent four years as an artillery officer, I'm inclined to agree with federalist...I don't think a sex tape is a real discipline issue but briefly reviewing the article I am also inclined to think this was one of those we can't prove rape even though we knew you did it, so they prosecuted him on this charge to get rid of the bad apple

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