Posted on Mar 31, 2014
SPC Squad Member
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Should spouses of SMs be charged with adultery? I understand that they did not enlist or commission but they did agree to a contract of sorts when they married a SM. Spouses get to enjoy the perks of the medical and dental coverage we receive, the discounted items in the commissary, and other awesome programs on and off installations. Is it only fair that if they commit adultery they should be held accountable as well? There is no right or wrong answer only opinion and I urge you to share yours. 
Posted in these groups: Spouses logo SpousesEms MedicalUcmj UCMJ
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Responses: 20
SGT 94 E Radio Comsec Repairer
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It's a good thought, but I don't think that spouses should be charged with adultery.  If the Army isn't paying the spouse, and the spouse hasn't signed a contract stating that they will abide by the terms of the Uniform Code of Military Justice, the Army should have no jurisdiction in that civilian's life.
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SSG Retired
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No. It wouldn't make much sense. We are sworn to uphold a higher standard. Civilians are not. Adultery is only a crime in the military because it affects the good order and discipline of a Soldier. If it bothers that your spouse committed adultery then the best thing to do is remove their perks, as you call them. This will hurt more in the long run than any criminal charge, which would most likely be a misdemeanor at best. 
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SFC Michael Hasbun
SFC Michael Hasbun
10 y
It's a crime for civilians too. In most states anyway. But that's civilian law.
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CW4 John Beebe, BS, DML
CW4 John Beebe, BS, DML
10 y
This true! The problem in the military is much worse in the civilian court system... that is, when you do not entice a standard or law, you set a president the is a new law. Most civilian jurisdictions do not enforce adultery unless it is in the benefit of the woman. Adultery committed against a man is overlooked and has a much better chance of prosecution in the military than in the civilian world. That is still not much consolation to those who have been wronged and are suffering from the betrayal.  Legal does not guarantee justice.
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LCpl Steve Wininger
LCpl Steve Wininger
10 y
In Indiana Adultery is not a crime. It can be used as a reason to divorce, but so can anything since Indiana has a no fault divorce law. Normally a judge will not take it into consideration either.
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CPT All Source Intelligence
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Edited 10 y ago
What would the punishment be?  Review what the typical punishments for service members committing adultery are and you will quickly see why it wouldn't apply.
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SPC Squad Member
SPC (Join to see)
10 y
Ma'am this is a completely open-ended question. You are the judge, jury, and executioner for the sake of argument. 
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SSG Mike Angelo
SSG Mike Angelo
10 y
if pressured, the Soldier is responsible for their dependents actions. Depending on the situation if the adultry was on post, the Soldier could be put in the barracks and dependents moved off post or shipped home if overseas. I have seen that happen.

It becomes a command issue when it disrupts the moral and discipline of the unit.
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CW3 Michael Clifford
CW3 Michael Clifford
>1 y
A conviction of adultery in a courts-martial is either 3 or 5 years. It has been 26 years since I retired as a CID agent.
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