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Civilian court or military

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S

salorvenus02

Guest
North Carolina
I was wondering in a sexual assult case and the person who commited the assult was military and the victim was a civilian would the case be tried in a civilian court or military what would the proceedings be? :confused:
 


gphjr

Member
Yes it can be both. Depends on the location of the crime. The army can prosecute on the Federal Level and the State on the state level.
 

BelizeBreeze

Senior Member
If the incident occurred on-post, ONLY the military court has jurisdiction.

If the incident occurred off-post, civilian authorities have jurisdiction for criminal prosecution and the military can prosecute for UCMJ violations.

Double-jeopardy precludes BOTH courts from trying the same offense.
 

VR_Hunter

Member
BelizeBreeze said:
If the incident occurred on-post, ONLY the military court has jurisdiction.

If the incident occurred off-post, civilian authorities have jurisdiction for criminal prosecution and the military can prosecute for UCMJ violations.

Double-jeopardy precludes BOTH courts from trying the same offense.
While there are some minor variations, what Belize stated is correct.

Just my two cents added to your two cents. Hope you don't mind.
 

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