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In reply to the discussion: Green Beret who beat up accused child rapist can stay in Army [View all]branford
(4,462 posts)There's a reason why prosecutorial discretion exists and juries across the country have voted "not guilty" for far worse (e.g., jury nullification).
People here also make the distinction that in the USA, conduct like this is investigated and punished, and not remotely tolerated by the general public when it becomes known. The American federal and state governments by both custom and law seek justice for the sexual assault of children. This most certainly cannot be said for Afghanistan.
Simply, I imagine the Army, and by implication, the current administration, had no desire to suffer the political blow-back from Congress and the general public of punishing a decorated Green Beret who struck an Afghan local police officer who believed (likely correctly) that he would face no negative repercussions for raping a boy and then beating the child's mother for telling authorities.
Even though I'm a litigation attorney, I know that sometimes rules are meant to bent and broken (that's one of the reasons why we have juries). In this instance, the soldier's conduct was probably the closest thing attainable to American "justice" given the circumstances, and the vast majority of people believe nothing would be accomplished by involuntarily separating the soldier from the career he loves and has excelled.