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10/10/2011
VerifiedHi
Thank you for your question. I will try to help with this.
I presume this is all in the military remit? Civilian police are not involved?
She's old enough to consent then so there is no offence in having sex with her.
A military court martial is a court like any other. Its just as important to tell the truth there as in any other criminal court.
If he did have sex with her then he cannot say he did not. However, the fact that he seems to have lied in interview will cast doubt upon the merits of anything else that he says during the course of this prosecution I'm afraid.
Also, its unlikely to be admissible anyway. If his argument is that she did consent on another occasion then he is not likely to be able to point to other occasions when she did consent in support of that.
I'm very sorry that this probably isn't the answer that you wanted but I'm afraid sometimes we have to disappoint.
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