what are the ucmj laws on servicemen dating people as young as 16...i am thinking of getting a petition going on getting this law changed because of the severity of local sex predators and offenders.....
2006-12-02 16:00:08 · 7 answers · asked by misschopstickz 1 in Politics & Government ➔ Military
thanks sofgrant.....well at least i tried to get a spark going for change...
2006-12-02 16:36:40 · update #1
The current Manual for Courts Martial (MCM), which is the guiding document for the UCMJ, states that it is unlawful for a serviceman/woman to have sexual intercourse with a person who have not yet achieved the age of 16. This can be found in Article 120 titled "Rape and Carnal Knowledge". If there are further details, other articles may apply (for example if the serviceman/woman is married, if the 16 year old is married, if the sex is not consensual, if it occurs in public etc. etc.) but for now, military law is clear. Sex with persons 16 and older is legal. This can only be changed by changing the Manual for Courts-Martial and that will require legislative (Congress) action. I know, it doesn't seem right - but it mirrors many state laws (32 US states currently allow sex with 16 year-olds) as they exist right now.
2006-12-02 16:17:23 · answer #1 · answered by sofgrant 4 · 0⤊ 0⤋
The UCMJ says 16 but if state law says 17 or 18, then the state law will rule over the UCMJ. So, it depends on the state you live in. If the state you are in says 16 also. You would stand a better chance changing the state law than you would the UCMJ. If you have proof the sexual misconduct in your area by military personnel then report it to the local military police, judge advocate generals office or inspector generals office.
2006-12-02 16:53:03 · answer #2 · answered by tattle.tale 1 · 0⤊ 1⤋
The UCMJ only applies to carnal knowledge, not dating. But as staed before.. State laws trump the UCMJ, so if your state has a law forbidding legals from dating minors, than you have a case.
But if the Marine is 18-20.. he is still considered a minor.... and let's face it, lots of 18 year olds date 16 year olds....especially while in High School.
2006-12-03 02:56:24 · answer #3 · answered by Mrsjvb 7 · 0⤊ 2⤋
Just for all the backyard lawyers - state law NEVER trumps the UCMJ. Its called the "supremacy clause", Article 6, U.S. Constituion - look it up.
State law is sometimes used to suppliment the UCMJ. The military can sometimes (under certain circumstances) charge state law crimes through clause 3 of Artcle 134, UCMJ under the Assimilative Crimes Act, 18 U.S.C. § 13. Also, states can always charge a servicemember for violations of state law within their jurisdiction - that doesnt mean the state "trumps" federal law.
OK, free lesson concluded
2006-12-03 05:04:00 · answer #4 · answered by NCAF33 3 · 1⤊ 1⤋
you know someone in the military engaging in sex with a 16 year old? Report it to the police. Plain and simple
2006-12-02 16:07:52 · answer #5 · answered by travis R 4 · 0⤊ 0⤋
Dating and sexual acts are two very different things. Don't get me wrong I find it very disturbing to see a grown man dating a 16 year old girl, but if they aren't having sexual relations, how much can you really do?
2006-12-02 19:45:04 · answer #6 · answered by hmparks_usn 2 · 0⤊ 0⤋
The service man/woman can get in so much trouble for this...
2006-12-02 16:09:52 · answer #7 · answered by ABBYsMom 7 · 0⤊ 0⤋