50 - United States v. Cabuhat & Refreshing Recollection v. Impeachment

Send us Fan MailIn this episode we discuss the Air Force Court of Criminal Appeals recent case of United States v. Cabuhat, in which it overrules its prior published opinion of United States v. Burkhart.  The issue was whether the offense of Sexual Abuse of a Child, where there is no physical contact with the child, requires the child to be aware of the accused's presence, if not the accused's conduct.  More specifically, the court focuses on what the statute means when it says the indecent conduct must be "in the presence of" the child.  We will also hear from Major Ciara Ryan (Captain at the time of her recording) who does a great job of distinguishing refreshing recollection from impeachment and the implications of each.