This is a very good question - link -
Terrible terrible question to ask, though. And criminal, on so many levels. Seriously, I think we just found a good candidate for abu ghiraib.
I noticed the linguistics of the situation varied from venue to venue, and it upset me greatly to hear the word 'woman', used even once.
If he is prosecuted through the military, let his sentence be facing the iraqi courts. And prisons.