adultry in the military

[dcin2122]

Ok I am in the military and my wife is in the military but I have found pictures of her and another guy videos as well he is in the military. i just need to know is my evidence good enough to catch her up. please help me

[fairisfair]

sounds like YOU already "caught her up"

Now what is it you are REALLY asking???

and provide your state.

[dcin2122]

my state is IN I just want her to suffer I mean what would be the punishment for this. Also I want to add this happened while we are in Iraq

[RealAmerican]

The location of your deployment is not necessarily important, although it does make both your wife (soon to be ex) and Jodie look even worse. Call their commands and let their supervisors know what has happened.

Your state is not important in this forum as military law is the same throughout although your branch of service would be helpful.

During my time in the Navy, I saw this scenario played out time and time again. Your wife and her new friend will most likely be charged with mast, NJP, article 15 depending on your branch or worse depending on what they did on the tape. Your best bet is to file for divorce and get a lawyer stat. Notify her command and his and demand heads role, they have obviously violated the UCMJ and should be punished accordingly. Call the commanding officer if necessary. Anything else you have evidence of would be helpful in getting her what she deserves at this point. I am sorry that this happened to you and I hope that there are no children involved. Best of luck.

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

[Andy104]

I have seen this more and more in the Army. A soldier commits the act and when it first happens you are out for blood. I know because i have been in your boots.
Now to the truth. There are many defenses for the act of adultery just google it and you will find a new finding by the sup. court about a lesbian major from the air force. The final statements read that afairs in the bedroom between consenting adults are defended by the constitution. I have the refrence on my other computer. Will provide it later unless fozzy/BadApple/ or Shorty pipes in with it.

How did you get the pictures and video? were they on your camera? was the tape or video laying aroud or did you check her phone, computer, or hack one of her accounts.

What i am getting at here is were they legally attained? Could you be convicted yourself of a crime for computer hacking? or theft.

Not making any excuses for her here but what kind of damage to her carrer do you want to make? Alot i mean ALOT of commands just sweep it under the rug. Can you get the same results through a civilian court??

[Andy104]

[url]http://www.aclu-wa.org/library_files/witt_decision.pdf[/url]
leads to the item i spoke of earlier, concerning Maj. Margaret Witt what i find interesting in this Article is Judge Canby
"The laws involved in Bowers and here are, to be
sure, statutes that purport to do no more than prohibit
a particular sexual act. Their penalties and purposes,
though, have more far-reaching consequences,
touching upon the most private human conduct, sexual
behavior, and in the most private of places, the
home. The statutes do seek to control a personal
relationship that, whether or not entitled to formal
recognition in the law, is within the liberty of persons
to choose without being punished as criminals.
This, as a general rule, should counsel against
attempts by the State, or a court, to define the meaning
of the relationship or to set its boundaries absent
injury to a person or abuse of an institution the law
protects. It suffices for us to acknowledge that adults
may choose to enter upon this relationship in the
confines of their homes and their own private lives
and still retain their dignity as free persons. When
sexuality finds overt expression in intimate conduct
with another person, the conduct can be but one element
in a personal bond that is more enduring. The
liberty protected by the Constitution allows homosexual
persons the right to make this choice."

I would very much enjoy hearing from all the other regulars on this post concerning this article. I was wondering if COL BadApple could comment on it in general and help break down the big words.
Am i correct, the forces can no longer prosecute Adultery or Homosexuality due to this ruling?

[fozzy2]

Yes, the military can still prosecute. Though I haven't read the decisions yet, from what I understand (i.e. have heard) the courts are probably now going to require that for prosecution of "homosexual acts" the military will have to prove an effect on morale or "unit cohesion." This requirement already exists for adultery. The military must not only prove that the act took place, but that it impacted the 'morale and good order' of the military. However, at court martials the standard for proving that can be quite low. It doesn't have to be a "big" effect, just something.

[Andy104]

'morale and good order' gets thrown around alot, can you come up with some examples? That could not be prosecuted under the fratinization reg?

As well here is also another comment i find interesting.

"The reason why the Court in Lawrence did
not employ an equal protection analysis was itself protective.
The Court stated that it would not sufficiently establish the
right to intimate homosexual relations if only equal protection
were invoked, because a state might frustrate the right by
denying heterosexuals as well as homosexuals the right to
non-marital sexual relations."

It seems that this would protect adultery to me. Again am i wrong?