my husband is in the army- and he has cheated on me. could i put him in jail? my hubby also said that he could put ME in there if i was cheating even tho im only the spouse? is there any truth to this?
2006-09-28 10:39:24 · 17 answers · asked by [J3nn] 2 in Politics & Government ➔ Military
i think i read that sumwhere in that lil army rules book.... they can spend up to 10 years in jail?
2006-09-28 10:43:27 · update #1
Adultery is a violation of Article 134, UCMJ, and the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Most cases of adultery do not receive that type of punishment, unless the servicemember is a problem child. If they do not meet performance standards, constantly in some type of trouble, then it is possible.
Otherwise, the most likely scenario is non-judicial punishment under Article 15, UCMJ, which can result in reduction in rank, loss of some pay, extra duty and/or restriction to barracks for 14 days, at a company grade level. More if the officer who administers the Article 15 is field grade.
Because you are a civilian, you are not subject to military law, and therefore exempt from any punishment, unless state law exists that makes it a crime. But these are rarely, if ever, enforced.
2006-09-28 10:50:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
That's right - no, no, and no.
You can request charges be brought up through his Chain of Command, but you will require evidence to back up your accusations. And chances are it will be handled as an NJP (Non Judicial Punishment) which result in loss of rank, forfeiture of pay, restriction to quarters (barracks if married) and extra duty. He will not spend time in jail, even if he chose to forego the NJP and demanded a full Court-Martial. He'll be thrown out of the Army before they send him to Leavenworth for something that everyone knows occurs in the uniformed services every day.
There isn't a DA or JAG officer breathing who wants to deal with such a trivial issue such as this. Neither of you will see any jail time. There isn't a thing he can do to you, either. Actually, you can really, really hurt him just by ...
Claiming you were struck by him in a domestic argument. Here's what happens:
(1) You call the local cops. You call the MPs. Word comes down from the Provost Marshal down to his unit that he's been involved in a domestic dispute. He gets hauled off to live under the watchful eye of either Brigade or Battalion staff duty for 24 or 48 hours with absolutely no freedom of movement (I can't remember what the "cooling off" time period was, it's been a while since we had a wife-beater where I am).
(2) You decide to press charges, there's an investigation on the military end on whether he's guilty or not - independent of what the local cops may do. If he's found guilty (and women have every advantage under the law) then the Lautenberg Act kicks in. Essentially, he can't handle a firearm on post, ever. That means he can't qualify the one or two times a year he needs to with his issue weapon on the range. If he can't do that, he can't stay in the service. He gets chaptered posthaste.
So if he's stupid enough to actually raise a hand on you, it doesn't take that much to terminate his career. Even if he's not that stupid, a woman with absolutely no compunctions about lying and Oscar-winning theatrics can end a military husband's career in a heartbeat.
You have every right as a spouse to be treated with fairness by your military husband. At the minimum, you deserve full BAH and a family care plan if one is required. No military wife deserves to be married to an adulterer. No servicemember deserves to be shackled to a cheating wife.
If you're bitter, just do the right thing and seek marriage counseling. Involve his unit chaplain. If things don't work out, seek divorce. Things are bad enough in the world without two more married adults try to rip each other apart.
2006-09-28 17:53:47 · answer #2 · answered by Nat 5 · 1⤊ 1⤋
I live on an Army base. A neighbors husband just got caught cheating with a lower ranking soldier. The husband, an E5, was dropped to an E1, and the woman an E4, was kicked right out and had to repay a sign on bonus she received 2 years ago.
2006-09-29 11:04:59 · answer #3 · answered by katbeek 2 · 1⤊ 0⤋
like promethius said, there are rules to it.. and since he is in the military he could get up to 30 days in jail, depending on who it was with. You on the other hand are safe because you are a civilan unless it was with another person in the military. Then all 3 of you get jail time.
2006-09-28 17:48:56 · answer #4 · answered by Kamui VII 4 · 1⤊ 0⤋
in the military it is different than civilian. he has to also follow what is called the UCMJ. if he is deployed yes the military takes cheating very seriously. if you can prove it he can be punished very badly. on the same note, you shouldn't be cheating either if you are. but yes, there is a possibility of him getting jail time. possible.
2006-09-28 21:43:56 · answer #5 · answered by Steve B 3 · 0⤊ 0⤋
adultery IS a violation of the UCMJ. as such, yes, there are legal ramifications to military members who engage in such behavior and those ramifications can include military jail time. HOWEVER, you would have to convince his chain of command to move towards a courts martial with it and it would have to be objectively verifiable in court... not always easy to do. as to YOUR cheating on him being prison worthy: not at all. you're a civilian and as such you're not subject to laws of the UCMJ. if you cheated on him with another military man, however, that man could potentially go to jail (among other available punishments)
2006-09-28 17:45:37 · answer #6 · answered by promethius9594 6 · 3⤊ 0⤋
Adultery is illegal in Texas. If one chooses to press charges and proves their case the guilty party could spend time in jail.
2006-09-28 17:44:53 · answer #7 · answered by dlil 4 · 0⤊ 1⤋
Dang girl, take it easy.
Your best bet for reference material would be the UCMJ.
*But you can't send him to jail, it would be his command and
probably only under exxxxxxxxxxxxxttttttttttttrrrrrrrrrreeeeeeme
circumstances. (ex: he's the highest ranking officer there and is sleeping with the lowest rank there who is his subordinate)
2006-09-28 22:34:59 · answer #8 · answered by MABZEE 1 · 0⤊ 0⤋
I don't think you two can put each other in jail. Couples cheat all the time and the jail cells would be too crowded if this were true.
2006-09-28 17:41:55 · answer #9 · answered by Pinky 3 · 6⤊ 2⤋
if you have physical evidence such as photos, you can bring them to his commander and request an investigation for adultery. in the uniform code of military justice it would be article 134-adultery. it could result in him losing rank.
2006-09-28 17:45:06 · answer #10 · answered by jo jo 3 · 4⤊ 0⤋