Adultery

[Andy104]

What is the name of your state? Alaska AKA Hell

Hello Everyone, long time since i posted.
I am doing some research, i have a soldier who i consider a friend and am looking for some info.
He is accused of comitting adultery. He was never given a written no-contact order, never given one by his commander at all as a matter of fact.

We know one of the girls is going all out stating it was adultery. I am unsure of any possible charges against him other than adultery. i know he said the command is doing a 15-6. The soldier was not in his direct chain, actually she is in the air-force he is army.

She never mentioned a word until he tried to fry her for looking into his medical records.

i have looked and tore through Jagnet and i am unable to find anything on adultery where there was an actual sentace handed out. most of the time they are goven jail time and bad conduct discharge for rape, false official statements and other stuff. not the adultery.
i told him to go speak with JAG.
Any one know much about this topic though?
Sounds like a bunch of he-said=she said

 

[ADJmajor]

I hope this helps

My friend too was just accused of adultery by a woman he worked with. He got court martialed for it (the charges were adultery, fraternization, and disobeying an order). He didn't get convicted of adultery (it is very hard to prove adultery unless there are witnesses that said that they saw the person having sex or saw the two have a relationship) but he got convicted of the other two charges, lost two ranks and spent 30 days in the brig. It all depends on what type of process your friend is going through. If it is NJP I'm not entirely sure about that (depends on what level Battalion or company). But if it is a court martial (a special court martial like what my friend got), the maximum punishment is 1 yr in the brig, Bad conduct discharge, forfeiture of pay for a year, demotion to E-1 (don't know about officers). I would tell your friend not to worry about the adultery unless there are other witnesses than her that said they saw or knew of sexual relations between them. And anyway, you said she told on him for the medical records thing. Well, if the prosecutors use her as a witness in the trial, you better believe that the defense will tear her her credibility up in court. Thats what happened to the girl in my friends case (it wasn't about medical records). I'm not saying that he won't get convicted, it depends on the jury or judge, but like I said it is very hard to convict without the testimony of someone other then her saying they had sexual relations. I hope this helps, if you need any more info I'll be glad to help.

 

[fozzy2]

It is hard to predict what will happen, a lot depends on the command and the circumstances. Often, adultery will go hand-in-hand with other charges: For example, lying about details during the investigation, etc. What often happens is that the military will settle on the quickest/surest charges and just get you tossed, so a lot of times the adultery that got the ball rolling isn't included in the charges in the end.

A "no contact" order isn't necessary to charge someone with adultery. Your friend should definitely talk to a lawyer before contacting anyone else involved in the case/investigation--even if he hasn't been given an explicit "no contact" order he could still be suspected/charged with tampering if he talks with a potential witness.
I notice you said "one of the girls" is stating it was adultery. The implication seems to be that he has committed adultery with more than one woman. Never a good thing, because investigators will have more opportunities for evidence and charges. "He said/she said" is enough for a conviction, though at court martial prosecutors naturally would like to have more. At NJP it doesn't even take that much, as long as the CO believes the offense happened. It all depends on the witness and the attorneys and a lot of other little details, making going to trial a real roll of the dice.

The usual rules apply, talk to no one until you've talked to a lawyer, and "Whatever you didn't do, don't do it again while under investigation."