(a) Rape:
(b) Sexual Assault:
2022 (October Term) (incapable of consenting to a sexual act means lacking the cognitive ability to appreciate the sexual conduct in question or lacking the mental or physical ability to make or communicate a decision about whether the alleged victim agrees to the conduct). (intoxication, standing alone, does not indicate one is sufficiently impaired to be incapable of consenting to sexual activity). (c) Aggravated Sexual Contact:
(d) Abusive Sexual Contact:
United States v. Smith, 83 M.J. 350 (the evidence for appellant’s conviction for sexual assault by oral penetration was legally sufficient where the government introduced ample evidence for a rational trier of fact to find beyond a reasonable doubt that appellant committed a sexual act upon the victim when she was incapable of consenting due to impairment by intoxication, and appellant knew or reasonably should have known of the impairment).