adultery

undefinedWhat is the name of your state?va

i am an e-3 in the navy and i was at one of my freinds houses drinking with her and a few of my other friends. we had a little bit too much to drink and we started kissing and her husband walked into the room and caught the two of us. a couple of days later he went to security and submitted a statement to them. my command then issued me a military protection order against me with his name, her name and their daughters name on it. later that day my freind and one of his roommates picked me up from work in his car. i accidently left the mpo in his car and he later found it and i am now being held by my command waiting for the special court martial that they are trying to send me to and being charged with articles 134 and 92 for the incident. i have not read his statement yet so i do not know what he is all saying about me and what has happend. just looking for info and see if they can actually charge me with adultery for just kissing her. please give me whatever info you can on this and thank you in advance for any help that anyone can give me.

Are they offering you an Article 15 or are they going for broke by convening a court-martial? Have they preferred charges? Have you seen the Area Defense Counsel?

Lets look at the violations one at a time:

Article 134/Adultery:

The Manual For Court-Martial requires the following to establish adultery:

62. Article 134—(Adultery)
a. Text. See paragraph 60.
b. Elements.
(1) That the accused wrongfully had sexual intercourse
with a certain person;
(2) That, at the time, the accused or the other
person was married to someone else; and
(3) That, under the circumstances, the conduct of
the accused was to the prejudice of good order and
discipline in the armed forces or was of a nature to
bring discredit upon the armed forces.

The MCM and case law indicates that penetration must occur for this to be an offense. As such, it appears to me that there is no offense if the facts are as you say.

Now... the Article 92...

(2) Failure to obey other lawful order.
(a) That a member of the armed forces issued a
certain lawful order;
( b ) That the accused had knowledge of the
order;
(c) That the accused had a duty to obey the
order; and
(d) That the accused failed to obey the order.

They have met (a) and (b) and (c) with the MPO. The question is did you disobey the order? What did the order specifically say? Were you to keep away from all things related to these people? Did you do so?

Who picked you up in the car? The woman who you kissed? Who found the MPO? What relation does this car and its owner have with any of the folks who you were supposed to avoid?

in reference to the adultery charge and the mcm do all of the stipulations have to be met or can they charge me with only one of them having been met. they are trying to go to the house on me. i am not even sure if they are still trying to send me to a special court-martial or if they have reduced it to a summary court-martial. they are not really giving me any information. they are telling me that my case might be heard next week and i have not even seen any of the evdence against me yet. they told me that i would be able to see it well in advance and i still have not seen any of it. if anyone can give me some options that i have now and in the future i would appreciate it. thanks to anyone who can help me.

heimernd said:

in reference to the adultery charge and the mcm do all of the stipulations have to be met or can they charge me with only one of them having been met. they are trying to go to the house on me. i am not even sure if they are still trying to send me to a special court-martial or if they have reduced it to a summary court-martial. they are not really giving me any information. they are telling me that my case might be heard next week and i have not even seen any of the evdence against me yet. they told me that i would be able to see it well in advance and i still have not seen any of it. if anyone can give me some options that i have now and in the future i would appreciate it. thanks to anyone who can help me.

Click to expand...

All elements need to be met.

You are entitled to evidence against you and you need to see a military defense counsel.