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platoonDaddy
06-29-16, 09:10
Following the Stand-To of June, basically condoning non-monogamous relationship, this COL has a valid point.

http://gazette.com/colonel-wants-adultery-case-tossed-claims-law-discriminates-against-heterosexuals/article/1579086

In case you missed the Stand-To

https://www.army.mil/standto/archive_2016-06-06/?s_cid=standto

KalashniKEV
06-29-16, 09:24
Following the Stand-To of June, basically condoning non-monogamous relationship, this COL has a valid point.

He does not have much of a point.

He's not saying he didn't violate UCMJ regarding adultery, just that charging a married homosexual couple would be tricky... and that charging an unmarried homosexual couple with adultery would be impossible... because they aren't married... which is exactly the same way it is for any unmarried couple.

Anyway, if he beats the adultery charge (he won't- because he committed adultery) he will still have to face 2 x counts of Rape, 2 x abusive sexual contact, Assault, and conduct unbecoming.

He will spend the rest of his life in prison regardless.

platoonDaddy
06-29-16, 09:55
He does not have much of a point.

He's not saying he didn't violate UCMJ regarding adultery, just that charging a married homosexual couple would be tricky... and that charging an unmarried homosexual couple with adultery would be impossible... because they aren't married... which is exactly the same way it is for any unmarried couple.

Anyway, if he beats the adultery charge (he won't- because he committed adultery) he will still have to face 2 x counts of Rape, 2 x abusive sexual contact, Assault, and conduct unbecoming.

He will spend the rest of his life in prison regardless.

For sure he is going to jail, as he should for the rape and sexual abuse, but the adultery charge should be dropped. 925. ARTICLE 125. SODOMY of UCMJ for all piratical purposes was wiped out by the June STAND_TO. Therefore, it would follow that adultery should also be condoned.

Eurodriver
06-29-16, 10:01
I always thought it was BS that your wife could sleep with half the damn base while you were deployed but if you so much as got caught sending dick pics to the LCpl at IPAC you were toast :rolleyes:

KalashniKEV
06-29-16, 10:08
For sure he is going to jail, as he should for the rape and sexual abuse, but the adultery charge should be dropped. 925. ARTICLE 125. SODOMY of UCMJ for all piratical purposes was wiped out by the June STAND_TO. Therefore, it would follow that adultery should also be condoned.

Yeah, but that's like drunk driving a stolen gun truck into a lake and getting the "Out of uniform- no headgear" charge dropped.


I always thought it was BS that your wife could sleep with half the damn base while you were deployed but if you so much as got caught sending dick pics to the LCpl at IPAC you were toast :rolleyes:

They can roll their sleeves now... maybe that's next!

ColtSeavers
06-29-16, 10:12
I always thought it was BS that your wife could sleep with half the damn base while you were deployed but if you so much as got caught sending dick pics to the LCpl at IPAC you were toast :rolleyes:

It's yet another reason why you never go 'clubbing' on post. All the damn 'single' spouses...

On topic: This guy is still done.

docsherm
06-29-16, 13:13
I hope that they throw it out and do hold Heterosexuals to a different standard.

It would go a long way to show that the entire system is broken.

Thank GOD I am out.

Either way, this guy is F%$#ed.

jpmuscle
06-29-16, 14:48
I hope that they throw it out and do hold Heterosexuals to a different standard.

It would go a long way to show that the entire system is broken.

Thank GOD I am out.

Either way, this guy is F%$#ed.
Out of the closet?



Lolz

Firefly
06-29-16, 14:56
I am reminded of two great pieces of Sci Fi:

The Forever War

and of that rangy, older girl Sergeant from Starship Troopers II who said "We'd already have won the goddamn war by now if people kept their pants up".

Koshinn
06-29-16, 15:25
He has a good point. They should throw out the adultery charges and all adultery charges until the laws are fixed.

But he should still go to jail for however long for the two rape charges.

Averageman
06-29-16, 16:48
Rape, max out his sentence, lock the door throw away the key.
I have this thing about adultery, if you're putting the high hard one to a subordinates spouse you have some giant ethics issues. If you got some strange one night and "Oh, come to find out... totally different story.
I was single for a great deal of my Military Career, there is nothing like going to some sort of Dress Blue occasion and finding out something you really never wanted to know.

docsherm
06-29-16, 22:43
Here is the reality of the entire thing. The executive branch in an attempt to destroy the military has made all of these changes to all homosexuals and gay marriage. The problem is that Congress is the only ones that can change the UCMJ and the last time I looked they have not done any changes to allow such things. So the reality is that if you had a really pissed off commander he could bring up charges on a solider for these acts and take it to court-marshal. If the proceedings were done legally they would be convicted. Would if be career suicide, hell ya. But like I said, if you get one person that is just so pissed off it would destroy the entire system. If they were not convicted because the CoC said its OK but the UCMJ says it is legal what would that do as a UCMJ legal precedent for other crimes? Will you get the, " I killed that entire village because we were told to kill the enemy".

So in a way he is 100% correct in that the laws have not changed.

Food for thought.

http://www.realcleardefense.com/2016/03/28/pentagon_proposes_changes_to_ucmj_280472.html