Posted on Mar 28, 2014
Is the punishment the same for someone who assaults a servicemember the same as someone who assaults a policemen?
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Servicemembers
Police
Sexual Assault
Posted >1 y ago
Responses: 3
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It depends. Police are local officials and any laws regarding them would be local or state. I consider it unlikely that any local laws would provide special protection for federal troops.
If the servicemember is performing official duties, 18 U.S. Code § 111 may apply. No such federal provisions should exist for state and local police.
If the servicemember is performing official duties, 18 U.S. Code § 111 may apply. No such federal provisions should exist for state and local police.
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SFC Stephen P.
The same law seems to apply equally for both civilian and military employees of the federal government.
"any officer or employee of the United States or of any agency in any
branch of the United States Government (including any member of the
uniformed services) while such officer or employee is engaged in or on
account of the performance of official duties,"
"any officer or employee of the United States or of any agency in any
branch of the United States Government (including any member of the
uniformed services) while such officer or employee is engaged in or on
account of the performance of official duties,"
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SFC Stephen P.
Note here that it is not the offense to the employee that is the crime, but the interference with government business.
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SFC Michael Hasbun
Sounds to me like that wouldn't really apply to us unless we were engaged in riot control or CONUS humanitarian or civil affairs operations...
What possible official duties would we have on a day to day basis that would result in a wupping by a civilian?
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No. Policemen are officers of the law, so the punishment is more severe. Servicemembers are just people, no special status. The punishment for assaulting a servicemember is the same for assaulting a garbageman. It's just assault.
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WO1 (Join to see)
Well I do put my life on line just as they do maybe not everyday cause I'm not deployed every single day, also we make a lot of huge sacrifices to keep the country safe does that not count for something?
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SGT Suraj Dave
<p>Because they ENFORCE the law. We don't. Who assaults soldiers normally? Usually other soldiers. Law Enforcement also USUALLY carry themselves with a certain demeanor. They don't get into many altercations on their off time. At Ft. Campbell I saw soldiers kicked out of bars and/or arrested all the time. Soldiers don't normally get into fist fights with civilians, they normally get into fist fights with other soldiers. <br><br>Don't feel bad though. They don't get Tricare like you do. They pay for their health insurance.</p><p> </p>
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SFC Michael Hasbun
It sure does. That's why you recieve Tricare, the GI bill, a paycheck, Tuition Assistance, SGLI, Space A travel and countless other benefits.
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I know it doesn't fully answer the question, but the UCMJ provides for Military on Military assaults via Articles 90 and 91:
ARTICLE 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Any person subject to this chapter who–
(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or
(2) willfully disobeys a lawful command of his superior commissioned officer;
shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.
ARTICLE 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER
Any warrant officer or enlisted member who–
(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
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