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May 22, 1997

DePaul Legal Expert Questions Propriety of Military Sex Case

Len Cavise, DePaul University associate professor, questions whether or not the U.S. Air Force should be peeking through bedroom windows.

Air Force officials are expected to rule shortly on whether lst Lt. Kelly J. Flinn will be allowed to resign her commission on will be court martialed on charges of fraternization, adultery, lying about her affair with a married man and disobeying an order to end it.

"The Air Force is bored. From Minot to the Pentagon, they need something to do," said Cavise of the sensational case. "There's no war and therefore no opportunity to play with all the new toys. The latest peacetime diversion is charging pioneer female officers with sex crimes. Make that five felonies under the Uniform Code of Military Justice, ranging from adultery to fraternization to disobeying an order to conduct unbecoming an officer to lying."

Cavise said that Flinn is not a public figure, or wasn’t before the charges were filed, and she did not "fraternize with prostitutes like her male cohorts often are said to do."

Cavise questions the propriety of the investigation, and why Flinn has been targeted.

"All she does is fly bombers. Who cares with whom she has sex?," he said.

Surely there are more serious criminal activity that the military should be investigating, he said, than a woman falling in love with a married man. Cavise said there is no evidence that the assignation was anything but consensual.

"What business is it of her commander's whether Flinn's lover is married or not?," said Cavise. "Why is he giving any orders at all about her sex life? Why isn't he out watching for Tailhooks and off-base rapes and those little "initiation" rites they all talk about?"

"Save the "conduct unbecoming an officer" for rapists, thieves, and the mentally deranged, of which there are plenty in the military," he said.

The main concern, according to the military, is that Flinn lied about her affair and refused a direct command to stop seeing her lover.

"This whole ‘affair’ reminds me of the old adage: military justice is to justice what military music is to music," said Cavise.

To contact Cavise at DePaul call 312/362-6841.