Re: Poll for patriots
Technically, no soldier could do this, nor could it be ordered as both are a violation of the UCMJ. Ordering a subordinate to commit sodomy isn't a legal order, while sexual assault is a pretty easy one to peg as illegal.
Despite that, this just comes back to the boiling baby theoretical they give us in 1st year criminal law: You capture a terrorist and his family shortly after he's planted a bomb in NY City. Estimates are that the bomb will kill millions of innocent civilians. The bomb is set to blow in an hour. The terrorist is fully versed in resisting torture, but is known to possess an uncommon devotion to family. Do you boil his 3-month old baby in a large pot of water on the stove in order to force him to talk? (Assume you believe that this will most likely encourage him to truthfully reveal the location of the bomb.)
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