Legal Question in Military Law in Texas

Accused of Adultry

I'' a male apparently under an investigation regarding an accusation of adultry. The female was going through an informal investigation at her duty station in the US, she was questioned and ask if we have ever had sex, her answer was ''no''. I'm outside of the US and have not been questioned at all. With the mess she was going through she wanted to get away, my suggestion was she come see me (another country), get away, see some sites. Upon her return her unit, she and I were accused by her command of adultry based on her coming here. She did not stay with me during her visit here. I did not want to make things difficult due to I'm married. I have been seperated for going three years and currently waiting for the petition paperwork to arrive to US. This girls friend is the one who has gave this information to the command, about many things to include that this girl and I having sex. She has gone as far to say that she has witnessed the sex, well as she stated, ''I didn't see it, but I heard noises when the lights were out''. A few people stayed at my room that night and we didi not have sex. Is there need to worry about this? My commander gives mixed readings, and will never tell me anything. What should I do?

Asked on 2/16/06, 6:48 am

1 Answer from Attorneys

Steven Brand Steven Brand, Attorney at Law

Re: Accused of Adultry

There is always a cause for concern when under investigation. However, there are important things to keep in mind:

1) Nearly 100% (there are no absolutes in life)of the time the best advice when under investigation is not to speak of the facts of the case to anyone but an attorney.

2) In addition to proving you were married at the time of the alleged adultery, to prove adultery under Article 134 the Government must show that sexual intercourse took place and either of the following: that the conduct was to the prejudice of good order and discipline or was service discrediting.

3) If you are given a no contact oredr, obey it.

Oftentimes in these situations, soldiers mess up by either making a false official statement and/or violating a no-contact order.

Please feel free to visit my website at and e-mail me personally at [email protected] to discuss this in greater detail. None of the above required proof will necessarily prevent your command from giving you a counseling or a reprimand, etc... and I would need to know more about your personal situation to comment further.

Sincerely Yours,

Steve Brand, Esq.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

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Answered on 2/16/06, 9:59 am

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