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Thread: Making a sex tape a crime for troops, court rules

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    Making a sex tape a crime for troops, court rules

    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.

    Goings’s case marked the first time the military’s top court has looked at questions about punishing sexual activity as prejudicial to good order and discipline under Article 134, known as the General Article. It is likely to influence how commanders handle similar cases in the future.

    The court found that making a sex tape is an “indecent act” because it involves “open and notorious” sexual acts. The court defined “open and notorious” as allowing a third person to be present and watch.

    “We do not doubt that permitting the filming of those same acts is also sufficient” to violate Article 134, Judge Margaret Ryan wrote for the court’s majority.

    In addition to the sex tape, Goings also was convicted in a separate incident involving the rape of a German woman who was knocked out with a so-called date-rape drug.

    The videotape at issue in the appeal was discovered during a search of his apartment. He was sentenced in 2008 to five years in prison, a dishonorable discharge and reduction in grade to E-1.

    One military judge disagreed with the court’s majority opinion and agreed with Goings that troops have a constitutional right to have sex in front of other people and make videotapes for their own personal use.

    “The video at issue depicts private consensual sexual activity between adults,” wrote Judge Scott Stucky in a dissenting opinion.

    Stucky pointed to the 2003 Supreme Court case that struck down a Texas state law criminalizing sodomy and vastly expanded the rights of adults to engage in consensual activity in private.

    “There is nothing in the record to indicate that the [Goings] video was intended to be anything but for private use,” Stucky wrote. “There is no law indicating that recording sexual acts is a punishable offense under Article 134.”


    I am betting right now 80% of the military should be let go for the disgusting act of making a private sex video.

    I am amazed that this even went so far. How about *IF* a sex tape of a military member gets out to the public and found then it is a crime?!!! Even though the scum bag who made the tape had raped a woman the tape in question was between consensual adults and was STILL private.

    Or do I have it wrong? If a tape is made between just two people, it is okay? The 3rd person involved was the issue?

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    Re: Making a sex tape a crime for troops, court rules

    Quote Originally Posted by RingLeader View Post
    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.

    Goings’s case marked the first time the military’s top court has looked at questions about punishing sexual activity as prejudicial to good order and discipline under Article 134, known as the General Article. It is likely to influence how commanders handle similar cases in the future.

    The court found that making a sex tape is an “indecent act” because it involves “open and notorious” sexual acts. The court defined “open and notorious” as allowing a third person to be present and watch.

    “We do not doubt that permitting the filming of those same acts is also sufficient” to violate Article 134, Judge Margaret Ryan wrote for the court’s majority.

    In addition to the sex tape, Goings also was convicted in a separate incident involving the rape of a German woman who was knocked out with a so-called date-rape drug.

    The videotape at issue in the appeal was discovered during a search of his apartment. He was sentenced in 2008 to five years in prison, a dishonorable discharge and reduction in grade to E-1.

    One military judge disagreed with the court’s majority opinion and agreed with Goings that troops have a constitutional right to have sex in front of other people and make videotapes for their own personal use.

    “The video at issue depicts private consensual sexual activity between adults,” wrote Judge Scott Stucky in a dissenting opinion.

    Stucky pointed to the 2003 Supreme Court case that struck down a Texas state law criminalizing sodomy and vastly expanded the rights of adults to engage in consensual activity in private.

    “There is nothing in the record to indicate that the [Goings] video was intended to be anything but for private use,” Stucky wrote. “There is no law indicating that recording sexual acts is a punishable offense under Article 134.”


    I am betting right now 80% of the military should be let go for the disgusting act of making a private sex video.

    I am amazed that this even went so far. How about *IF* a sex tape of a military member gets out to the public and found then it is a crime?!!! Even though the scum bag who made the tape had raped a woman the tape in question was between consensual adults and was STILL private.

    Or do I have it wrong? If a tape is made between just two people, it is okay? The 3rd person involved was the issue?
    I had the same argument with a SF CC during my career. A third person makes the sexual act "indecent". I do not have a problem with the tape being made as long as there isn't anything AF related such as a uniform or the tape being made on AF property to include a dorm room. The court seems to be saying that the recording could be viewed by a third person so this is the same as having sex in front of a third person in the place the tape was made.

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    Senior Member grimreaper's Avatar
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    Re: Making a sex tape a crime for troops, court rules

    I can see this going to the Supreme Court. Of course nobody gives a crap about this guy and rightfully so since he raped a woman, but making a sex tape a crime? Are you freakin' serious?

    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.
    This is logic turned on its head. The only way the tape was public was because the government made it public! It's one thing to make a sex tape and then try to sell it an make a profit off it as amateur porn, but a tape in a private residence? They've got to be kidding.

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    Senior Member Absinthe Anecdote's Avatar
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    Re: Making a sex tape a crime for troops, court rules

    Quote Originally Posted by loadsmith View Post
    I hope the court ruled that making eye contact during a "devil's threesome" should be punishable under Article 134 as well.
    Is it gay if it is a 3-way?


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    Re: Making a sex tape a crime for troops, court rules

    I hope the court ruled that making eye contact during a "devil's threesome" should be punishable under Article 134 as well.

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    Senior Member RobotChicken's Avatar
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    Re: Making a sex tape a crime for troops, court rules

    :spy I will wait to see how this evolves before getting flagged.....:thoughtbubble:

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    Re: Making a sex tape a crime for troops, court rules

    I'm kind of undersold on this one, usually it is because it "affects combat readiness"

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    Senior Member VFFTSGT's Avatar
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    Re: Making a sex tape a crime for troops, court rules

    Quote Originally Posted by RingLeader View Post
    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.”
    Wasn't something similar to that said about homosexuality too?

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    Senior Member RobotChicken's Avatar
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    Re: Making a sex tape a crime for troops, court rules

    Quote Originally Posted by VFFTSGT View Post
    Wasn't something similar to that said about homosexuality too?
    :spy If it's 'good 'enuff for Chicago', ought to be good enuff for the Military.....:stooges:

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    Re: Making a sex tape a crime for troops, court rules

    I'm a civilian now so I can make as many sex tapes as I want. The problem is I'm of the age where nobody will want to watch it so what's the point. I continually find ways to regret staying in 30 years. Sex tapes would have made me a millionaire 10 years ago.
    "Respect My Authoritah!" - Eric Cartman

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