Attorneys for a high-ranking Air Force officer are seeking to have the adultery charges against him dismissed based on claims that the military's law banning extramarital sex discriminates against heterosexuals.
The Gazette reports Col. Eugene Caughey will face an August court-martial on charges of rape, assault and adultery.
His attorneys argued Monday that the military's adultery law violates Caughey's equal-protection rights guaranteed by the 14th Amendment. They say the military defines adultery as sex between a man and a woman, excluding same-sex couples from being held to the same standards.
Caughey is accused of raping a woman in 2014 at Schriever Air Force Base, Colorado.
Prosecutors have said he also committed adultery several times, photographed his exposed genitals while in uniform and groped women on two occasions.