I was sitting in class one day and heard something that puzzled me...Help?

Question

I heard that, although it is illegal and punishable in the Army, Adultery is only punishable by the Committing person's Unit. Is that really true?

Answer 1

Adultery is covered under article 134 of the UCMJ. Punishment can be meted out by the offender's Commanding Officer or a General Court Martial board can be convened and then the punishment will be decided on there.
This is how it is covered (adultery):
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.

Explanation.

(1) Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the service record of the military member.

(2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting.
Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, because of its open or notorious nature, to bring the service into disrepute, make it subject to public ridicule, or lower it in public esteem. While adulterous conduct that is private and discreet in nature may not be service discrediting by this standard, under the circumstances, it may be determined to be conduct prejudicial to good order and discipline. Commanders should consider all relevant circumstances, including but not limited to the following factors, when determining whether adulterous acts are prejudicial to good order and discipline or are of a nature to bring discredit upon the armed forces:

(a) The accused's marital status, military rank, grade, or position;

(b) The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces;

(c) The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces;

(d) 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;

(e) The misuse, if any, of government time and resources to facilitate the commission of the conduct;

(f) 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;

(g) 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;

(h) Whether the accused or co-actor was legally separated; and

(i) Whether the adulterous misconduct involves an ongoing or recent relationship or is remote in time.

(3) Marriage. A marriage exists until it is dissolved in accordance with the laws of a competent state or foreign jurisdiction.

(4) Mistake of fact. A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co-actor were both unmarried, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accused's belief was unreasonable or not honest.".

The MAXIMUM (but not necessarily normally given) is DISHONORABLE DISCHARGE, FOREFEITURE OF ALL PAY AND ALLOWANCES AND CONFINEMENT FOR ONE YEAR.
That punishment, of course, is at the extreme.
(USN, retired)

Answer 2

Adultery is punishable under Art 134, UCMJ. 90% of the time, when someone is charged under the UCMJ, they are given the choice of Art 15, non-judicial punishment, or a Courts Martial. The difference between the two is the amount of punishment that can be handed down, and at which level of the command the hearing will be conducted.

An Article 15 is normally done at the command level, so the answer to your question is: Sometimes

If a Courts Martial is preferred, then it goes to either the battalion or brigade, which is above the "committing person's unit".

For a bit of further information, Art 134, UCMJ, is known as the General Article. If a crime is committed, and it is not specifically listed, then it falls under Art 134.

Answer 3

IS adultery still an offense under the military justice system? Yes .... and no. It actually depends upon the circumstances.

You may be surprised to learn that adultery is not listed as an offense in the Uniform Code of Military Justice (UCMJ). The UCMJ is a federal US law, enacted by Congress, to govern legal discipline and court martials for members of the armed forces. Articles 77 through 134 of the UCMJ encompassesthe "punitive offenses" (these are crimes one can be prosecuted for).


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.

Answer 4

No. Adultery is punishable by both the offender's Units.

Answer 5

Yes, and it's the same in the other military branches.

But adultery isn't the only act in the military that is punishable.

Answer 6

Yes, it is true. It is usually based on the person who committed the crime, under the premise that the partner unknowingly went into a relationship, NOT KNOWING the other is already married.

Answer 7

a man is punished for raping.as for adultery your rules are different from ours.

Answer 8

For violations of UCMJ, the commanding officer of the offender's unit has to make the charge of violating the code. The military does the prosecuting and defending. How's that for justice?

Answer 9

I have no idea. I think it has something to do with the concept of Virgin Warriors being resistant to poison arrows.

Answer 10

sounds a lot of rubbish