betrayed

What is the name of your state?sc my 17yr old daughter was halfway thru boot camp when we discovered she had an ongoing improper relationship with her 37yr old married recruiter n she is now home for failure to adapt n has been in contact with in spite of all our efforts.Charges have been filed and should b complete by the end of the month i need someone who is familiar with this type of case to advise me of my rights to recover damages from the usmc so that i may b able to get this kid counseling n try to restart her life after this is all over or if i can recover anything at all.i am dealing with a kid who has turned 18 now and has completly changed as a person and i have been betrayed by the person who was supposed to be her mentor plze help with advise if u can

And since the age of consent is 16 in South Carolina, what your daughter did is not considered a crime. Not, at least, in the civil arena. As to the military, that's a matter for them to adjudicate. However, civil recover is null against the military in your daughter's case.

i am more concerned with the responsibility of the usmc n this case the recruiter took responsibility of her as a minor and took advantage of her youth n inexperience in life to seduce her the people at boot camp had no idea this was going on as we didnt until just before she left now we are at a point where they want to know what we want to make this right and im unsure what to tell them.Are they asking me for a dollar amount?im not sure there is a dollar amount that can be put on something like this but what i want is true justice .

truckerdad said:

i am more concerned with the responsibility of the usmc n this case the recruiter took responsibility of her as a minor

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Wrong, she was not a minor under South Carolina sexual battery statutes. And the recruiter did not take responsibility of her, the USMC did.

took advantage of her youth n inexperience in life to seduce her the people at boot camp had no idea this was going on as we didnt until just before she left now we are at a point where they want to know what we want to make this right and im unsure what to tell them.

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And this makes no sense at all.

Are they asking me for a dollar amount?im not sure there is a dollar amount that can be put on something like this but what i want is true justice .

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And what would you consider true justice? Your daughter is not a baby and no civil laws have been broken. Your daughter is of legal age to consent to sexual relations with anyone except a minor and unless you can prove to a court that she was forced to have sexual relations with the recruiter, you stand little chance of recovering anything through the civil authorities.

As to the Marine Corps, until you come back here and state what they have told you SPECIFICALLY, I'm not going to guess.

specifically here is what they said ,the recruiter is to be courtmartialed before the end of the week he has confessed to an improper relationship and was relieved of his duties and moved to another town under the watchful eye of another commanding officer.After contacting that officer and finding out that even he is unsure of the outcome of the courtmartial i commented that we were being left with less than satisfactory results if this guy was thrown out and left to continue the infidelity that caused the problems to begin with and while i realize my daughter is considered an adult now she wasnt then because i had to sign permission for her to go into the corps at age 17 i want him out of my state n the corps to accept responsibility for the actions of their marine

And by the way, under the Uniformed Code of Military Justice, the same applies....there has been no crime committed because she was over the age of 16.

Aside from getting the recruiter reassigned so his access to young people is curtailed, there's not much 'justice' you or your daughter can get.

Actually UCMJ prohibits the relationship first on the basis of Adultery which may result in Courts-Martial which seems about to happen. Furthermore, the military prohibits sexual relationships between recruiters and recruits this is a violation of the trust relationship and falls under sexual harassment, even though your daughter may have been of the age of consent in NC, she cannot consent and it is against USMC policy. I suggest you consult an attorney specializing in sexual harassment to pursue a civil complaint against both the recruiter and the USMC. There may be some reluctance to take a case out of fear of dual jeopardy, however there is also a theory called dual Sovergnity that allows for civil suits in addition to the militart Courts'Martial. While she may have been the age of consent in NC there may have also been charges of contributing to the delinquency of a minor prior to her emancipation with her military commitment. You might also check on upgrading her discharge, what type of discharge did she get. It is very ossible that the recruiter will suffer some big losses from the Courts-Martial including jail time.

rmet4nzkx said:

Actually UCMJ prohibits the relationship first on the basis of Adultery which may result in Courts-Martial which seems about to happen. Furthermore, the military prohibits sexual relationships between recruiters and recruits this is a violation of the trust relationship and falls under sexual harassment, even though your daughter may have been of the age of consent in NC, she cannot consent and it is against USMC policy. I suggest you consult an attorney specializing in sexual harassment to pursue a civil complaint against both the recruiter and the USMC. There may be some reluctance to take a case out of fear of dual jeopardy, however there is also a theory called dual Sovergnity that allows for civil suits in addition to the militart Courts'Martial. While she may have been the age of consent in NC there may have also been charges of contributing to the delinquency of a minor prior to her emancipation with her military commitment. You might also check on upgrading her discharge, what type of discharge did she get. It is very ossible that the recruiter will suffer some big losses from the Courts-Martial including jail time.

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First of all rmet, this is SOUTH carolina. And second, adultry is classified by the Department of Defense as a civil penalty within the UCMJ. Now, where in any post has the fact that the recruiter was married been presented?

Are you pulling out the crystal ball again?

Next, SOUTH carolina does not have a statute on the books for emancipation for military service. There IS no emancipation with her military commitment.

And dual Sovergnity applies ONLY if the actions are deemed criminal with attached civil penalties and/or liabilities. Since there are no criminal and/or civil penalties outside of the UCMJ dual Sovergnity does not apply.

BelizeBreeze said:

First of all rmet, this is SOUTH carolina. And second, adultry is classified by the Department of Defense as a civil penalty within the UCMJ. Now, where in any post has the fact that the recruiter was married been presented?

Are you pulling out the crystal ball again?

Next, SOUTH carolina does not have a statute on the books for emancipation for military service. There IS no emancipation with her military commitment.

And dual Sovergnity applies ONLY if the actions are deemed criminal with attached civil penalties and/or liabilities. Since there are no criminal and/or civil penalties outside of the UCMJ dual Sovergnity does not apply.

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You are so right and I am wrong, South Carolina, not NC, MCRD Parris Islandis in SC, Perhaps in the future they should send SC recruits to MCRD San Diego to avoid the problem.

No crystal ball OP clearly stated "my 17yr old daughter was halfway thru boot camp when we discovered she had an ongoing improper relationship with her 37yr old married recruiter"

We don't know the actual charges of the CM, but apparently the recruiter has confessed.

Sexual harassment would also be a violation of article 134 same as Adultery, article 92 failure to obey a lawful general order......engaging in or seeking a nonprofessional personal relationship...
http://www.armfor.uscourts.gov/opinions/2003Term/02-0094.htm US v. Teffeau
This concerns alcohol, but sexual misconduct is covered under the same general order, we don't know if alcohol was ever a part of OP's daughter's experience, but would still fall under contributing to the delinquency of a minor since SC does not emancipate, and according to below order, consent is not a defense.
.......1 Paragraph 6 of Marine Corps Recruit Depot, San Diego, Order 1100.4a (21 May 1992), reads as follows:
6. Action. Recruiting personnel are forbidden to engage in, encourage, solicit, or otherwise seek nonprofessional personal relationships with members of the DEP [Delayed Entry Program] or other prospective recruit applicants. The following conduct is specifically prohibited:

a. Encouraging, seeking, soliciting, or engaging in any sexual relations with members of the DEP or other prospective recruit applicants. This is intended to include overt sexual acts as well as using rank or supervisory position to take advantage of a prospective recruit or member of the DEP for personal sexual gratification, regardless of the knowledge or consent of the individual involved.

b. Financial dealings of any kind with any member of the DEP or prospective recruit applicant, to include acceptance of services or other gratuities, borrowing or lending money, or commercial solicitation. This does not preclude acceptance of those personal gifts approved by reference (b).

c. Engaging in physical contact with or touching any member of the DEP or prospective recruit applicant other than reasonable physical contact necessary to protect life or prevent serious injury, in self-defense, or as a necessary part of admin activities.

d. Providing alcoholic beverages, either directly or through the use of a third party, for consumption, to any member of the DEP or prospective recruit applicants under any circumstances, unless previously approved by the applicable District CO.
.......................

Maximum punishment.
http://usmilitary.about.com/od/punitivearticles/a/mcm1342.htm
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Next Article> Article 134-(Assault-indecent) >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 62

US v. Teffeau not only involved alcohol but also death by drunk driving and was remanded on appeal.

BelizeBreeze said:

US v. Teffeau not only involved alcohol but also death by drunk driving and was remanded on appeal.

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I read it, and realize it concerned both alcohol and death, my point was the general order prohibits alcohol, .... and sexual conduct, and consent is no defense.

Perhaps OP will find out the actual charge for the CM? That will provide some idea the punishment and whether or not other civil remedies may be avialable. If he works a plea bargin, who knows.