AF Major Guilty of Indecent Acts

COLORADO SPRINGS, Colo. -- An Air Force Academy major on trial this week for rape has pleaded guilty to several related crimes.

But Maj. Barry N. Nixon is disputing the rape claim brought by a girl over an assault she says occurred five years ago in Germany. A court-martial panel was hearing arguments in that case earlier today.

Nixon has pleaded guilty to indecent acts upon a child and two assault counts -- crimes that could bring a maximum of 14 years in prison and discharge from the Air Force.

In the rape case, prosecutors put the child on the stand to describe the attack as defense attorneys called expert witnesses to show that what occurred doesn't meet the military's definition of rape, which requires penetration of a genital opening.

The Gazette doesn't usually name victims of sexual assault.

Defense witness Dr. Susan Brown testified that the girl was too young to understand what happened, and could be mistakenly defining what happened as rape. No medical examination was performed in the case, leaving both sides to rely on testimony rather than physical evidence.

A rape conviction at court-martial could bring a maximum sentence of life in prison.

A panel of five men and one woman who range in rank from major to colonel will decide whether Nixon is guilty as soon as Friday.

Unlike civilian courts, military juries don't need to reach a unanimous verdict. Four guilty votes would convict Nixon, while less than four would result in an acquittal.