Posted on Jul 5, 2015
SSG Signal Support Systems Specialist
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I have a Soldier in my unit that had sex and got another woman pregnant. He's married and the woman is married to an Officer. What kind of punishment his he looking at?
Posted in these groups: Ucmj UCMJImgres LawJustice_icon Justice8e82e190 Adultery
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MAJ Signal Officer
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18+ years of child support.
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CSM Michael J. Uhlig
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Its an Article 134 violation, there are three elements that must be met to prove adultery existed. They are:

(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.


here's a link to some helpful information:

http://asktop.net/articles/3-elements-of-adultery-under-article-134/
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SSG Javier Antonsanti
SSG Javier Antonsanti
>1 y
Not to mention fraternization.
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SSG Instructor
SSG (Join to see)
>1 y
SSG Javier Antonsanti - While it could rise to the level of adultery under Article 134, I'm not certain that it would rise to the level of fraternization as the spouse of the other person was a civilian. Now, if the Soldier was having extramarital relations between officer and enlisted, NCO to Soldier, or trainee to instructor, then yes, fraternization could be thrown into the mix as well.
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SPC Tristan Myhre
SPC Tristan Myhre
>1 y
First....with a pregnancy involved it will be adultry under article 134. It would be different if soldier was unmarried but this is not the case. He will be facing bad conduct discharge at the very least. CID will go through soldiers phone records and texts...facebook messages and so forth. If theres subversive intent against the officer he would be looking at jail time.
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LTC Hardware Test Engineer
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10 mo
SPC Tristan Myhre - not necessarily. from my experience court martials for adultery when there was no other offense committed are virtually unheard-of. Unless the SM lied about it or tried to cover it up they would, most likely, give him the max punishment under an article 15. In 35 years I've seen that happen on several occasions.
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1SG Claims Assistant
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The real consequences are not found in the Manual for Courts-Marshall.
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