+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    jaybee764 is offline Junior Member
    Join Date
    Jul 2005
    Location
    California, Northern
    Posts
    4

    Question Civilian lawsuit with USAF Reservist inquiring about Military Law.

    What is the name of your state? CALIFORNIA

    Here is a summary of my story:

    I hired a civil lawyer to defend me against my ex gf (who is currently a reservist in the USAF in CA) who is suing me for personal injury stemming from falsely accusing me of rape (the criminal case was dismissed as no charges or arrests were filed against me.) I already filed a countersuit that includes Civil Extortion to Defamation.

    I researched online and found Article 127 in the UCMJ which states:

    “Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.”

    This includes maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

    I would like to know if it is possible to contact the Inspector General at her base and file a complaint against her with reference to the above stated.

    I have gone through a very stressful and emotional distressing time. Please help me to understand what my legal options are. I greatly appreciate any advice, comments or concerns you may have to help me.

    Thanks so much!What is the name of your state?
  2. #2
    fozzy2 is offline Member
    Join Date
    Mar 2005
    Posts
    652
    As a general rule, anyone who believes that there has been a violation of the UCMJ may report it. In theory, you can inform any commissioned officer and they should ensure the report gets forwarded to the proper authorities. In reality, reporting to someone like an IG is a far more certain method.

    However, I doubt the military will be too hot on this case. First of all, does it have anything to do with the military other than the fact that she is a reservist? Did she actually "communicate a threat", which takes a good deal more than just suing you? Why don't you have your civilian attorney handle the complaint? Have you discussed the possibility with them? They might bring up the fact that threatening criminal charges in pursuit of a civil verdict is itself a very bad thing. [ of course you will object that your motives are as pure as the clean driven snow.... ]

    Generally speaking, the military won't have a clue what is going on and will simply wait for the civil verdict. If you prevail on your civil extortion/fraud/etc. charges, then you can report it to the IG if you still feel a need for vengeance. But get good legal advice before doing so while a civil suit is pending. Even if not explicitly sanctionable/criminal, it can be plain bad strategy because the judge hearing the case is likely to interpret it as illegitimate pressuring of the plaintiff. Doing it without telling your attorney beforehand may give them cause to dump you as a client.
  3. #3
    badapple40 is offline Senior Member
    Join Date
    Sep 2004
    Posts
    1,504
    The Air Force these days is very rape sensitive. They are not about to discipline her for bringing rape allegations against you.
    The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.

Similar Threads

  1. Reservist denied housing due to military status
    By GA Peach in forum Military Law
    Replies: 3
    Last Post: 05-19-2007, 09:53 PM
  2. Civilian Extorted Money by Air Force Reservist
    By jaybee764 in forum Military Law
    Replies: 4
    Last Post: 08-05-2005, 12:57 PM
  3. Admin Board for USAF Reservist
    By bt1188 in forum Military Law
    Replies: 1
    Last Post: 08-04-2005, 11:20 AM
  4. Military vs. Civilian Law
    By Alan Stancik in forum Other Crimes – Federal and State
    Replies: 1
    Last Post: 03-30-2000, 11:56 PM
  5. Military law vs. civilian law
    By tappy in forum Other Crimes – Federal and State
    Replies: 1
    Last Post: 01-09-2000, 10:55 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.