Army Adultery

[jim_bo39]

What is the name of your state? SC

I am an army soldier and I had sex with a female whos husband is also a soldier of the same rank. She has had sex with multiple people military and civilian... My wife has let it go, but her husband I think is going to press charges...He had asked me about it and i said no... she has also said nothing happened...what am i to do..she might change her story...what might happen to me what do i need to do..thanks
Jimmy
He was assigned to a differnt post about 12months ago and they have since applied for a divorce

Originally Posted by jim_bo39

What is the name of your state? SC

I am an army soldier and I had sex with a female whos husband is also a soldier of the same rank. She has had sex with multiple people military and civilian... My wife has let it go, but her husband I think is going to press charges...He had asked me about it and i said no... she has also said nothing happened...what am i to do..she might change her story...what might happen to me what do i need to do..thanks
Jimmy
He was assigned to a differnt post about 6months ago and they have since applied for a divorce

Adultery is hard to prove

Go with the Bart Simpson defense: "I didn't do anything You can't prove a thing"

LOL

Adultery is a crime in the military for sure, sooooo I catch you next to my wife and wellllllll...

[ILOVEMYGSM3]

ya he'd have to have oral and/or written communication...how the crap did he find out? this sounds wrong, but if ur military and ur gonna cheat DONT TELL N E 1!!!
you're looking at up to 12 mos in the brig, among other things...but to my knowledge, he'd have to PROVE it, and i also THINK that you and she have to ADMIT it...

[jim_bo39]

thanks for replying to my post...I am wondering what if she changes her story and says yes it happened...do both of us have to admit it or is it just one...I mean she has nothing to lose she is already getting divorced...

[ARMY-HELP]

Originally Posted by jim_bo39

thanks for replying to my post...I am wondering what if she changes her story and says yes it happened...do both of us have to admit it or is it just one...I mean she has nothing to lose she is already getting divorced...

I would stay away from her and just forget it happend and don't admit anything.

[fozzy2]

Adultery can be hard to prove, but not necessarily as hard as some imply. There is no requirement that there be an eyewitness or a confession. There just has to be enough evidence to convince someone, your CO in case of NJP or perhaps a jury in case of a court martial. Circumstantial evidence can do it, though naturally more is preferred.
If your alleged co-adulterer decides to testify against you, naturally that will be extemely persuasive evidence.

Of course, you may have complicated things by probably having perjured yourself or making false statements. If you have talked to the other party about it, then there may be obstruction, etc. involved. This means there may be more charges against you, which might convince prosecutors to be more aggressive in pursuit. Many times adultery will be dropped and you'll simply be charged with a related, more easily proven, crime like fraternization or obstruction or violating a no-contact order.

Finally, you want to be very nice to your wife. "When one spouse is charged with adultery, the marital privilege does not apply to communications inolving the adultery" (United States v. Taylor, a January case from the Navy/Marine court of military appeals). I doubt you want your wife on the stand testifying "My husband admitted he did it..."

You should get a lawyer. If, for example, you contacted your lover and told/urged them to deny anything happened -- then you may be open for obstruction charges and might want to consider pleading to adultery in order to avoid more charges. Likewise, if you have made false statements (not just about adultery per se, but about times you visited your partner, etc.) then you may also be liable for more charges. You don't have to make self-incriminating statements, you can refuse to answer questions. But the instant you DO answer, if you lie, then you are opening yourself up to a whole new array of charges. Often, by the time a lawyer is consulted, their client has already obstructed and given false statements. It is often a judgement call as to how to proceed.

[jim_bo39]

thank you all for your posts..
my wife said that she knows nothing and has all ready forgotten it...I am not sure if he will press charges as she has told him nothing happened...but you never and i feel that he might tell his CO...not sure how high on the list i am as there are at least 5 other military guys she has been with over the past year, and they are getting a divorce.. i know she wanted to break up my relationship (as i have email proof) so i am scared she might say anything to try and end it...(but all she will do is get me into crap)she has nothing to lose...so do you suggest i go see the lawyers on posts...
thanks
jimmy
what exactly would e considered Circumstantial evidence...casue as i believe there is nothing more that here say from somebody

[marine]

Originally Posted by jim_bo39

thank you all for your posts..
my wife said that she knows nothing and has all ready forgotten it...I am not sure if he will press charges as she has told him nothing happened...but you never and i feel that he might tell his CO...not sure how high on the list i am as there are at least 5 other military guys she has been with over the past year, and they are getting a divorce.. i know she wanted to break up my relationship (as i have email proof) so i am scared she might say anything to try and end it...(but all she will do is get me into crap)she has nothing to lose...so do you suggest i go see the lawyers on posts...
thanks
jimmy
what exactly would e considered Circumstantial evidence...casue as i believe there is nothing more that here say from somebody

Tghat email is not circumstantial. Its actual. good Luck, man. Lord knows. been there done that.....

[jim_bo39]

So should i get rid of the emails i have from her, or keep them

[jim_bo39]

can you please advice me on weather or nit i should destory the emails i have....

Originally Posted by jim_bo39

can you please advice me on weather or nit i should destory the emails i have....

Not before letting us see them first.

[badapple40]

We cannot advise you to break the law, by obstructing justice, in deleting the only potential evidence that they have on you other than he-said she-said, because, while deleting that evidence makes it more difficult for them to prove their case, deleting the e-mails is, in and of itself, a crime, which can further be punished. Not that there would necessarily be a lot of proof depending on the e-mail account we are talking about here.

[ILOVEMYGSM3]

i dont see how you cannot delete your own private emails...i mean, she or her hub could be saving the ones youve sent, and have copies of the ones she sent in her saved folder...so in reality you can pretty much guarantee those emails are somewhere...have you even heard anything from legal? i'd be getting your own no contact order, so you can show you have tried to end the relationship, and you can get one on her husband as well(i believe) if he is threatening you...just b/c u slept with his wife doesnt mean he can intimidate you, he's supposed to go through the command, just like everyone else...is she in the army as well or not?(i read original post, but didnt see where she was/was not)

[jim_bo39]

thank you for your replies...I haven't heard from legal..i think he is going to go there next week..We aren't on the same post as he got posted elsewhere awhile back...his wife is not in the army...as far as the emails i am fairly certain that she deleted them...there is no evidence to this whole situation other than hear say from some guy we used to work with..who has his own motives for saying all this stuff anyways..
as far as the "relationship" there wasn't one it was just a drunken time...nothing more than that

[fozzy2]

Originally Posted by jim_bo39

can you please advice me on weather or nit i should destory the emails i have....

The ABA model code (and every code in force, AFAIK) prohibits attorneys from counseling anyone to destroy evidence. I'm not an attorney, but it is a good rule to go by, because even non-attorneys might be committing various crimes by destroying evidence. On a pragmatic note, are you enough of a computer expert to know for certain that you are actually destroying the evidence? Are there going to be copies of the e-mails left on servers, etc.? Doing the job badly just makes you look all that more guilty and, as noted, opens you up to new charges.

Having said that, they haven't asked you for e-mails, have they? Don't tell anyone about them (except your own attorney, naturally). Preservation of evidence (and "potential" evidence) is a sticky subject that you should discuss with an attorney from your jurisdiction.