NavyGurl2235 said:
Ok I live in Missouri. I am a 17 year old female in the Navy Delayed Entry Program. I just started talking to a 26 year old male who is married and also in the Navy. He says that we are going to have sex. He may just be joking around but just incase he is not I was wanting to know the laws about this so i have more information on what would happen if i went along with it. I would appreciate any information anyone has that would help me. Thank you.
First of all, you can't be charged with anything regarding statutory rape. Statutory rape laws are made to protect the minor and there is a legal doctrine out there that you can't be charged when you are the person who is to be protected under the statute.
Second of all, the military "age of consent" is 16. However, military law, via Article 134, can incorporate state law, which may include corruption of a minor.
But thats not the real concern for either of you, as I see it. Military law forbids adultery. You know he is married. If you two sleep together, it is adultery. The catch is that there is argument that the adultery provision is unconstitutional on at least an as-applied basis. As such, it might not be constitutional to punish him (or you after you are all official) for it. But do you really want to be the test case?
Ohh, and until you raise your right hand when you get shipped to where you ship off to, you are not subject to military jurisdiction, so all of the above is inapplicable to you until you raise your right hand and promise to support and defend...
