United States v. Thomas
Encyclopedia
United States v. Thomas 13 U.S.C.M.A. 278 (1962) is a famous case of a military court-martial
involving a failed attempt
to commit a crime
, in this case, rape
and the use of the "impossibility" defense
.
men, Thomas and McClellan, were spending an evening drinking in bar
s. In one bar McClellan began dancing with a young woman who was drunk
and soon collapsed in his arms on the dance floor. The defendants put the woman in McClellan's car, having agreed at the bar to take her home. Once in the car McClellan suggested they use the opportunity to rape
her as she was unconscious
and would not know the difference. Each defendant then proceeded to have sexual intercourse with the woman. Later, after being unable to find the location of her home, they became concerned about her condition as she had not regained consciousness, so they sought help at a service station
. The service station attendant called the police
, who determined she was dead. An autopsy
conducted later ascertained that she died of a heart condition
, "acute interstitial myocarditis
". The general undisputed opinion was that her death most likely occurred at the time of her collapse. The two defendants were not aware of her death.
The defendants used the "impossibility" defense, claiming that it was legally impossible to attempt to rape a woman who was dead.
held that when a defendant is attempting to commit a criminal act that is impossible to commit, unknown to the defendant, the fact the act is impossible to commit is not a defense. The defendants believed that the young woman was alive and had not consented to have sex. Because the men believed they were raping
a drunken, unconscious woman, they were guilty of attempt
ed rape even though the woman was actually dead at the time sexual intercourse took place.
involving impossibility. In this case the crime was impossible to commit, unbeknown to the defendants.
The crime of attempt
consists of a specific intent to commit an offense and in addition some action that is more than just preparation. The fact the crime was not possible to commit does not constitute a defense.
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
involving a failed attempt
Attempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....
to commit a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
, in this case, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and the use of the "impossibility" defense
Impossibility defense
An Impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defense at common law. In the United States,...
.
Circumstances
Two enlisted militaryEnlisted rank
An enlisted rank is, in most Militaries, any rank below a commissioned officer or warrant officer. The term can also be inclusive of non-commissioned officers...
men, Thomas and McClellan, were spending an evening drinking in bar
Bar (establishment)
A bar is a business establishment that serves alcoholic drinks — beer, wine, liquor, and cocktails — for consumption on the premises.Bars provide stools or chairs that are placed at tables or counters for their patrons. Some bars have entertainment on a stage, such as a live band, comedians, go-go...
s. In one bar McClellan began dancing with a young woman who was drunk
Drunkenness
Alcohol intoxication is a physiological state that occurs when a person has a high level of ethanol in his or her blood....
and soon collapsed in his arms on the dance floor. The defendants put the woman in McClellan's car, having agreed at the bar to take her home. Once in the car McClellan suggested they use the opportunity to rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
her as she was unconscious
Unconsciousness
Unconsciousness is the condition of being not conscious—in a mental state that involves complete or near-complete lack of responsiveness to people and other environmental stimuli. Being in a comatose state or coma is a type of unconsciousness. Fainting due to a drop in blood pressure and a...
and would not know the difference. Each defendant then proceeded to have sexual intercourse with the woman. Later, after being unable to find the location of her home, they became concerned about her condition as she had not regained consciousness, so they sought help at a service station
Filling station
A filling station, also known as a fueling station, garage, gasbar , gas station , petrol bunk , petrol pump , petrol garage, petrol kiosk , petrol station "'servo"' in Australia or service station, is a facility which sells fuel and lubricants...
. The service station attendant called the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, who determined she was dead. An autopsy
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
conducted later ascertained that she died of a heart condition
Heart disease
Heart disease, cardiac disease or cardiopathy is an umbrella term for a variety of diseases affecting the heart. , it is the leading cause of death in the United States, England, Canada and Wales, accounting for 25.4% of the total deaths in the United States.-Types:-Coronary heart disease:Coronary...
, "acute interstitial myocarditis
Myocarditis
Myocarditis is inflammation of heart muscle . It resembles a heart attack but coronary arteries are not blocked.Myocarditis is most often due to infection by common viruses, such as parvovirus B19, less commonly non-viral pathogens such as Borrelia burgdorferi or Trypanosoma cruzi, or as a...
". The general undisputed opinion was that her death most likely occurred at the time of her collapse. The two defendants were not aware of her death.
The defendants used the "impossibility" defense, claiming that it was legally impossible to attempt to rape a woman who was dead.
Decisions
The United States Court of Appeals for the Armed ForcesUnited States Court of Appeals for the Armed Forces
The United States Court of Appeals for the Armed Forces or CAAF is an Article I court that exercises worldwide appellate jurisdiction over members of the United States armed forces on active duty and other persons subject to the Uniform Code of Military Justice...
held that when a defendant is attempting to commit a criminal act that is impossible to commit, unknown to the defendant, the fact the act is impossible to commit is not a defense. The defendants believed that the young woman was alive and had not consented to have sex. Because the men believed they were raping
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
a drunken, unconscious woman, they were guilty of attempt
Attempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....
ed rape even though the woman was actually dead at the time sexual intercourse took place.
Significance
This case contributes to the body of case lawCase law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
involving impossibility. In this case the crime was impossible to commit, unbeknown to the defendants.
The crime of attempt
Attempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....
consists of a specific intent to commit an offense and in addition some action that is more than just preparation. The fact the crime was not possible to commit does not constitute a defense.