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DENVER (AP) — The Latest on an Air Force Colonel who is asking a military judge to dismiss adultery charges against him (all times local):
1:45 p.m.
A military law expert says a rape and adultery case against an Air Force officer in Colorado may be the first time attorneys have argued that the armed forces' ban on extramarital sex discriminates against heterosexuals.
Eugene R. Fidell (fy-DEL'), who teaches military justice at Yale Law School, said Tuesday he doesn't know of any other case where the argument has been tried.
Lawyers for Col. Eugene Caughey (KAW'-hee) challenged the adultery provision Monday in a hearing at Peterson Air Force Base. Caughey is charged with rape, adultery and other crimes.
The Gazette reports (http://bit.ly/28YyfRA) Caughey's attorneys say the military defines adultery as sex between a man and a woman and doesn't hold same-sex couples to the same standards.
Military prosecutors argued the adultery ban applies to same-sex couples as well.
The judge hasn't ruled on the argument.
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1 a.m.
Attorneys for a high-ranking Air Force officer are seeking to have the adultery charges against him dismissed based on claims that the military's law banning extramarital sex discriminates against heterosexuals.
The Gazette reports (http://bit.ly/28YyfRA) Col. Eugene Caughey (KAW'-hee) will face an August court-martial on charges of rape, assault and adultery.
His attorneys argued Monday that the military's adultery law violates Caughey's equal-protection rights guaranteed by the 14th Amendment. They say the military defines adultery as sex between a man and a woman, excluding same-sex couples from being held to the same standards.
Caughey is accused of raping a woman in 2014 at Schriever (SHREE'-vur) Air Force Base, Colorado.
Prosecutors have said he also committed adultery several times, photographed his exposed genitals while in uniform and groped women on two occasions.
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Information from: The Gazette, http://www.gazette.com
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