Adultery is a crime under the UCMJ. Report it.
Adultery in the military is actually prosecuted under Article 134, which is also known as the "General Article." Article 134 simply prohibits conduct which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order and discipline.
Adultery, as a military offense, is difficult to prosecute (legally) for several reasons.
There are three "Elements of Proof" for the offense of Adultery in the Military:
* (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.
Element #2 is usually pretty easy for the government to prove. There is normally sufficient written evidence to prove whether or not someone is legally married. (Many folks will be surprised to learn that in the military, a single person can be charged with the crime of adultery).
Element #1 can be very hard to prove. Remember, a court martial (like civilian court) requires *proof* beyond a reasonable doubt. Proof of sexual intercourse normally requires photographs, a confession of one of the parties involved, an eye-witness, or other legally admissible proof. (The mere fact that someone stayed over at another individuals house, or even slept with them in the same bed is not proof of sexual intercourse.
Element #3, in many cases, can be the most difficult item to prove. The government must show that the individual's conduct had some direct negative impact on the military. This normally would include cases of fraternization (officer & enlisted) or a relationship with another military member, or a military spouse.
In 1998, the Clinton Administration authored a change to the Manual for Courts-Martial, which provided that cases of adultery be handled at the lowest appropriate level, and provided specific guidance for commanders to use in order to determine whether or not the member's conduct was "prejudicial to good order and discipline," or "of a nature to bring discredit upon the armed forces." While the President does have the authority to issue changes to the MCM, this proposal resulted in screams and yells from Congress, and was subsequently dropped.
However, in a very quiet move, in 2002, President Bush adopted many of the changes that were proposed by President Clinton. In addition to the Elements of Proof," the "Explaination" section under this offense now requires commanders to consider the following factors when determining whether or not the offense of "adultery" constitutes a crime:
* The accused's marital status, military rank, grade, or position;
* The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces;
* The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces;
* The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their duties in support of the armed forces;
* The misuse, if any, of government time and resources to facilitate the commission of the conduct;
* Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety ensued; and whether the adulterous act was accompanied by other violations of the UCMJ;
* The negative impact of the conduct on the units or organizations of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and efficiency;
* Whether the accused or co-actor was legally separated; and
* Whether the adulterous misconduct involves an ongoing or recent relationship or is remote in time.
2007-05-21 10:58:05
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answer #1
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answered by Mark 7
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You know, there used to be a column by Abigail Van Buren called Dear Abby and one of her favorite replies was MYOB. It stands for Mind your own business. That might be the best thing here. Just think about it.
2007-05-21 11:05:52
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answer #2
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answered by Anonymous
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Unless you're his wife, there's nothing you NEED to do about it. He's been caught, so he's already in trouble and he'll get what's coming to him soon enough.
OR - Are you the one who caught him and you're wondering who to tell? If you're in the service, go through the chain of command and get the info to his CO. If you're a civilian, tell his wife.
2007-05-21 11:06:15
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answer #3
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answered by Navigator 7
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The Army will only get involved if one of them poots on the floor.
2007-05-21 10:58:00
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answer #4
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answered by Anonymous
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You can grow up and move on - I understand your angry but petty attempts to get him in trouble with the military is pathetic.
Grow up.
2007-05-21 10:57:10
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answer #5
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answered by Susie D 6
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What do you have to do with the impropriety? Nevertheless, all you have to do is phone the army man's commaner and tell what you know.
2007-05-21 11:00:37
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answer #6
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answered by furrryyy 5
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Why don't you mind your own business instead of seeking to get others into trouble. Maybe focus on your own life, hmm?
2007-05-21 10:57:30
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answer #7
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answered by shelly 4
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If he was caught cheating then he was caught and you do not have to do anything....
2007-05-21 11:00:33
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answer #8
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answered by forgivebutdonotforget911 6
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If you want to get him in trouble - tell his wife.
Good Luck!!!
2007-05-21 10:57:27
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answer #9
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answered by Anonymous
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Why would you want to? Stay out of it.
"Let him that has no sin throw the first stone!"
2007-05-21 10:58:06
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answer #10
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answered by David M 6
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