ok, so my boyfriend joined the Army Reserves over the summer. He is 18. I turned 16 this summer. In Georgia, US, as far as I’m concerned the legal age to have sex is 16. So technically this would not be considered rape. However I'm just wondering if the military can press charges against him or convict him of rape or something like that. So if anybody can tell me anything about that could you please help me?
2007-10-20 02:46:38 · 13 answers · asked by Crazy Russian 1 in Politics & Government ➔ Military
If your boyfriend is in the "Reserve Component" as it is called, then the Military can not charge him with statutory rape UNLESS he was acting in his Military duty at the time.
Reserve Component military members, Reserve, National and Air Guard forces, are not subject to the UCMJ unless they are under title 32 or title 10 military orders. (FYI, while on weekend status he is under title 32 usually).
However, this does not negate what Georgia State laws might say.
2007-10-20 02:53:57 · answer #1 · answered by Colonel 6 · 3⤊ 1⤋
You don't get to make that determination! The State law is what is important and whether or not your parents care to press charges!
Come on girl you shouldn't be having sex at 16 or any age without a wedding band! If you got pregnant (yes it can happen once! - trust me I've got 4 kiddos) then it would be much harder to prove paternity and get him to anty up child support. Yes if you proved it the military is better about making sure you get your money but that's not really the point is it?
2007-10-20 03:35:50 · answer #2 · answered by ArmyWifey 4 · 1⤊ 0⤋
Who are you to determine at what age it is legal to have sex at?
What is the law in the State where you live?
Was your boyfriend in the military when the act of willing sexual copulation took place?
If not, its a matter for the Civil Authorities.
The charge would be more likely for unlawful carnal knowledge of a minor.
There is no case of Rape, unless you say, you were not willing and he forced you to have sex.
2007-10-20 02:54:30 · answer #3 · answered by conranger1 7 · 0⤊ 0⤋
Well was it unforced sex or forced? You can press charges on anyone no matter if they are in the military or not. Just remember who provoked the situation. By all means I am not blaming anyone. Just watch what you get yourself into. He would get into trouble with the local law and probably get booted from the Army.
US Army 15 years
OIF 2003
2007-10-20 03:08:44 · answer #4 · answered by ? 6 · 0⤊ 0⤋
No. Age of consent according to UCMJ is 16. That being said, if the state you live in has a higher age of consent, then your parents can press charges according to your state law.
If anyone here wants the regulation posted, I'll search and post it, but UCMJ age of consent is 16, not 18.
2007-10-20 03:08:44 · answer #5 · answered by Jill C 5 · 1⤊ 2⤋
Yes.
Regardless of what the age of consent is within the state, UCMJ states that age of consent for the other party is 18 years old.
When joining the US Military, UCMJ trumps any state laws.
2007-10-20 03:00:51 · answer #6 · answered by B. Wags 3 · 3⤊ 1⤋
In the State of Ga the legal age is 16 your correct however, you will need to speak to or have him speak to JAG on this matter it is consider Carnal Knowledge (Carnal knowledge is sometimes an element of the statutory definition of rape in addition to being a separate offense) IF proven.
It really depends on whom is accusing him of this , your parents? they could push the issue with CID or his Unit, if this happens then they will have to look into this matter... I suggest that he goes to JAG or seeks a Criminal Lawyer for advice.
Good Luck,
Armywife & Soldier
2007-10-20 03:44:21 · answer #7 · answered by Justice35 4 · 1⤊ 0⤋
Yes, but in a military court it is VERY hard to prove. You pretty much either need an witness saw them havig sex, or to have his DNA on her. Other than that it is damn hard to get a conviction in a military court.
2007-10-20 18:05:35 · answer #8 · answered by Chris 5 · 0⤊ 0⤋
'As far as YOUR concerned'? The law is what the law is period. If consential sex is ok in Ga. at 16 then no problem. If not then it is a potentially BIG problem.
2007-10-20 08:08:06 · answer #9 · answered by dee dee dee (mencia) 3 · 1⤊ 0⤋
Yep, he must follow federal law, the law is 18.
JillC, for the United States Army its 18, period! I have tried soldiers for doing this exact thing.
2007-10-20 02:57:22 · answer #10 · answered by redlegman64 3 · 3⤊ 1⤋