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  1. #1
    Join Date
    Jul 2005
    California, Northern

    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
    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
    Join Date
    Sep 2004
    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.
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