adultery--because you can

[laudanum]

What is the name of your state? va
Here's the situation. I'll try to add everything I know. A friend is being forced to live with a navy e-3 stationed in norfolk. She doesn't have custody of her child and from what I'm told the navy saw to that. The reason I believe her is that the e-3 in question has a violent documented history (domestic violence with the female in question, and other separate offences which include one with his own mother) with some sexual based offences sprinkled on top (this being a time as a juvy when he watched another girl get raped). They deemed her an unfit parent labeling her psychotic because of past suicide attempts and eating disorders from years before. I was there through the recovery. It seem to me he has military lawyers and she doesn't.

I've seen him with the child and he avoids any responsibility. On top of that he’s not around due in part to deployment—which is not his fault–and going out after work to avoid the house as well as occasional (3 times a week it turns out) infidelity. Unfortunately that can't be taken into account since he avoids mandatory relationship counseling. So I'll try to stick to the facts. The two are divorced before he joined up. He then fights for custody after she tells him they aren’t getting back together as a way to force her to be with him (his words to her- hear say?). So her only choice is to move in with him so she can take care of the child while he's at sea. (The other option is that he pawns off the kid to his sister in Mass., I won't go into her issues other then to say that to the mother this is not an option) To stay there the navy chooses not to recognize the divorce (done in Guam) and assume the two are still married. She agreed to this arrangement as long as relationship counseling was enforced—and as I said it wasn’t.

Recently she found something that she hopes will get her out of this mess, in the form of yahoo messenger archived files that show conversations to the affect of him meeting with other people(men included) for sexual encounters, and follow-ups after the incidents for repeat visits. These messages go back to well before their common-law marriage (District of Columbia). He admits to writing them but doesn't admite to doing what he wrote. she contacted some of them and they will admit to the encounters actually taking place. The military is telling her that there is a 3 month deliberation period that is being suspended until he gets back from sea(a 6 month tour starting at the end of this month). They are also trying to convince her that they probably will give him another chance after it's done anyway.

He has a few violent outbreaks on record from A-school. I think he works maintenance on the ship and it seems his job is in high demand right now, because they’re doing everything in their power to make him happy. She’s losing hope and I’m a bit concerned. He cornered her (7 months pregnant) and forced sex on her last night. She let him, out of fear for her unborn baby, but didn’t go to the police about out of fear for what the Navy would do to her next. I hope I have not missed anything. Does she have any way out of this relationship in a way that doesn’t ether: 1. Lose her child. 2. Rely on support from her family. 3. Give him a chance to harm her in the process.

Laudanum
P.S. this is what part of the alphabet would look like if the letters Q and R were removed

[4H4]

While this guy sounds like a real dirtbag, the situation doesn't make sense. The Navy can't force a civilian to do anything. The Navy also does not involve itself in domestic issues. Child custody/divorce/support etc. are all handled in civilian courts, even for military members. The only thing the Navy can do is make sure its members follow civilian court orders.

[laudanum]

I think they provided legal suport as well. She had none and at the time had no way to fight it seeing as they forced her to apper in great lakes for the hearing while she was broke, and living in MD. she played nice to keep him from putting her into destitution. she was given $200 travle allowence by the navy to get there and stay "5 days or how ever long it takes to settle" the money wouldn't even pay for the ticket up there, never mind the hotel bill. she had to borrow from her family and that didn't go over well ether. They aren't what you'd call suportive. so she gets railroaded into this deal. he gets navy lawers she gets nothing.

[badapple40]

That is NOT possible. Why? Because civil court appearances on behalf of military members in a situation you describe is absolutely forbidden. Maybe they made a referral to a civilian domestic relations attorney, or maybe they paid him his salary so he could afford to hire an attorney, but no JAG/Navy lawyer went to court for him and represented him. I promise. If they did, there could be a TJAG ethics investigation and all kinds of problems could befall those attorneys.

Now, she has a couple options. I suggest that she goes to legal aid or some other public assistance legal program and get back into court and get the domestic relations court to modify the judgment or she can file for divorce, if conditions are so bad.

[laudanum]

I figured she was fabricating some of it. So the question remains; is this adultery under UCMJ if she is in fact not married but the navy is choosing to ignore that and expending resources to make the relationship work. After reading the regulations it seems a clear case that he is abusing the help the military is providing him with. On top of that she is showing everyone the evidence she has so that it will also make the navy look bad. As I see it the navy can't hold her directly responsible. They can only hold him accountable for her actions. Correct me if I'm wrong.

Considering the rules on same sex relations, as well as adultery, and the evidence presented, what is the penalty he'd probably receive, in this case?

Laudanum

[Shay-Pari'e]

Me thinks she is fabricating alot.

[laudanum]

that's a given. I'm not worried about that. I'm asking about the more resent prdicament.

[Shay-Pari'e]

(QUOTE)I figured she was fabricating some of it. So the question remains; is this adultery under UCMJ if she is in fact not married but the navy is choosing to ignore that and expending resources to make the relationship work.(QUOTE)

She or you are fabricating this, and I don't have time for the games.

[laudanum]

understood. I'll find an anwer elsewhere. At least I know what to question about her story. Thank all for that.