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U.S. v. JAMES

No. 13-10543.

810 F.3d 674 (2016)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher JAMES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2016.

Attorney(s) appearing for the Case

Dimitra H. Sampson (argued), Assistant United States Attorney; John S. Leonardo, United States Attorney; Mark S. Kokanovich, Deputy Appellate Chief, Phoenix, AZ, for Plaintiff-Appellant.

Keith J. Hilzendeger (argued), Assistant Federal Public Defender; Jon M. Sands, Federal Public Defender, Phoenix, AZ, for Defendant-Appellee.

Opinion by Judge TALLMAN; Dissent by Judge KOZINSKI.

OPINION

Federal law lacks a generic statute addressing nonconsensual rape, as every state has. Instead, 18 U.S.C. § 2241 prohibits aggravated forcible sexual assault. 18 U.S.C. § 2242(2) covers the less frequent scenario where an assailant sexually assaults a victim who is (A) mentally incapable of understanding...

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