What is the test for an allegation of sexual assault against an employee of a federal government agency?
The following excerpt is from U.S. v. Ruffin, 613 F.2d 408 (2nd Cir. 1979):
Before there can be any conviction for any felony offense, there must be at least one guilty principal in the first degree. Where the substantive offense is limited to a specified class agency employees in the case at bar, bank officers, etc. in 18 U.S.C. 656 and the like and an outsider is indicted as an aider and abettor under 18 U.S.C. 2(a), it is essential for the government to prove that the offense was committed by a principal who, by definition, had the capacity to be such. This was explained in United States v. Giordano, 489 F.2d 327, 330 (2d Cir. 1973):
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