
Understanding Adultery Under the UCMJ and How to Protect Yourself
As a service member, adhering to the standards of the Uniform Code of Military Justice (UCMJ) is part of your duty. One area that often raises questions is the offense of adultery, now referred to as “extramarital sexual conduct” under Article 134 of the UCMJ. Understanding what constitutes this offense, its consequences, and your rights is crucial if you ever face such an allegation.
What is Adultery Under the UCMJ?
Adultery, or “extramarital sexual conduct,” is defined under the UCMJ as specific sexual acts committed between two people when at least one of them is married to someone else. For a servicemember to be found guilty, the prosecution must prove the following:
- Engagement in Extramarital Conduct
The accused engaged in specific sexual acts with another person. These acts include genital, oral, or anal intercourse. - Knowledge of Marital Status
The accused knew either they or their partner was married at the time. - Effect on the Armed Forces
The conduct was prejudicial to good order and discipline, or it discredited the armed forces.
Extramarital conduct becomes punishable under the UCMJ if it negatively impacts the military. For example, if it harms unit morale, damages public trust in the armed forces, or causes divisiveness within a unit.
Factors Considered in Determining Guilt
Commanders consider several factors when determining whether extramarital conduct rises to the level of a UCMJ violation, such as:
- The marital and military status of both parties involved.
- Whether the conduct disrupted military operations, morale, or cohesion.
- Whether government resources or time were misused.
- The flagrancy or notoriety of the conduct.
- Whether the conduct persisted despite counseling or orders to desist.
- The presence of other UCMJ violations.
Defenses Against an Allegation of Adultery
If you face an allegation of adultery, it’s essential to understand your possible defenses:
- Legal Separation
If you or the other party were legally separated by a court order, it is an affirmative defense. This only applies if all parties were either legally separated or unmarried at the time of the conduct. - Mistake of Fact
If you had a genuine and reasonable belief that you and the other party were both unmarried or legally separated, this may serve as a defense. - Lack of Prejudice or Discredit
If the conduct was private, discreet, and did not impact good order, discipline, or the reputation of the armed forces, it might not meet the criteria for punishment under the UCMJ.
Consequences of an Adultery Conviction
The maximum punishment for adultery includes:
- Dishonorable discharge
- Forfeiture of all pay and allowances
- Up to one year of confinement
These severe penalties highlight the importance of taking allegations seriously and defending yourself effectively.
What to Do If You’re Accused
If you find yourself facing an adultery allegation, the stakes are high. Here’s what you should do:
- Remain Silent and Seek Counsel
Exercise your right to remain silent and avoid making statements to investigators or your chain of command until you consult an attorney. - Consult a Civilian Military Defense Attorney
A civilian attorney experienced in military law can provide you with an objective perspective, guide you through the complexities of the UCMJ, and help build a strong defense. Military attorneys may have limitations in their availability or resources, making civilian counsel a valuable ally. - Document Everything
Gather any evidence that supports your defense, such as proof of legal separation, phone, text, and emails, or witness statements.
Conclusion
Allegations of adultery under the UCMJ can have severe consequences, both personally and professionally. Understanding the law and your rights is the first step in protecting yourself. Always consult with an experienced civilian military defense attorney to ensure you have the best possible defense. They can help you navigate the complexities of the legal system and safeguard your future.
If you’re facing an allegation or have concerns about your situation, don’t hesitate to seek professional guidance. Contact Kral Military Defense now. Your career and reputation are worth it.