Legal Question in Criminal Law in California

Re: Statutory rape on cruiseliner by US military man

The alleged crime itself is not a military matter, though the military may want to discipline the man.

If the sexual act occurred within Alaska's territorial waters then it falls within Alaska's jurisdiction -- and is subject to Alaska's age of consent, which I believe (but do not know) to be 16. If I am right about this then consensual sex between the girl and the soldier in Alaskan waters was legal.

(Your question isn't very clear about where this happened; the encounter may instead be subject to the laws of Oregon, Washington or British Columbia. My very cursory research -- which I hope others will confirm, since I am not sure about this information -- is that the ages of consent in Oregon and Washington are, respectively, 18 and 16 and that the age of consent throughout Canada is 16.)

If the ship was outside Alaskan waters at the time but still within U.S. waters, then this incident would be subject to federal maritime jurisdiction and would be investigated by the FBI. Offhand I don't know what age of consent would apply. If the ship was beyond American waters and not in the waters of any other nation, then the analysis is even more complicated; the applicable law will depend upon who owns the ship, the nationality of the girl, whether the ship was on its way to (or from) an American port, and other factors.

Re: Statutory rape on cruiseliner by US military man

You really haven't provided the facts necessary to determine jurisdiction properly. However, here are some of the questions you need to answer. (we will deal with the military issue later) First where did the cruise originate from?, although you stated open water, was it within Alaska's territorial waters? or was it still within the territorial waters of the US?, What was the location of ship at the time of the event? (very important!) and you may need to know where the Cruise Ship is registered, if you can not find out the location information? Next, the age issue and question of consent. I am a California attorney and here Statutory Rape laws will apply unless the minor is 18 years old. So if the case were under California law it would be brought under the statutory rape statue unless the girl was 18 yrs or older. However different jurisdictions will have different regulations regarding age of consent. So again it goes back to the Jurisdiction issue and the location of the ship at the time of the event or possibly back to the Ship's country of registry, and if it is the US, which State?. Now for the Military issue. Generally the military takes care of their own and this can include prosecution of criminal acts. If the Military asserts jurisdiction the State can oppose it but it is a difficult battle. Another point, if the military asserts jurisdiction then the matter of age and consent could be effected as well. The Military justice system is regulated under the USMJ and although it is similar to the Civilian justice system it is also different in many ways and I am not familiar with it's statue's regarding Statutory Rape, and how it applies. However, under certain circumstances a military case may be brought and then the State may bring a case as well. (for now forget about the double jeopardy issue) So again, first you must answer the questions regarding the ships location. Call an attorney and get a consultation regarding the jurisdictional issue. Questions such as this really require a lot of information, research, and then generally more questions. Good Luck