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