Military Adultery, Bigamy, Extramarital Sexual Conduct & Fraternization Cases – Military Defense Lawyer

Military allegations of consensual sexual misconduct, such as adultery, extramartial sexual conduct, and fraternization (UCMJ Article 134), and conduct unbecoming an officer and gentleman (UCMJ Article 133) are handled in many serious ways in the military justice system – from court-martial down through military discipline and adverse administrative actions, such as involuntary administrative discharge/separation, Article 15 (nonjudicial punishment/NJP, captain’s mast), reprimand, admonition or counseling, demotion, denial of reenlistment, officer grade determination for retirement, negative performance report and evaluation. If you are a military member facing these allegations, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens is a civilian court-martial defense lawyer and military defense lawyer. He began handling military cases in 1995 and he has been handling military cases for over 30 years. He has handled military consensual sexual misconduct offense for more than three decades. He, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of these military misconduct claims.

Military Adultery and Extramarital Sexual Conduct (UCMJ Article 134)

In the military, it is a crime to cheat on a spouse. The military justice system has broadened the historical “adultery” allegation to now be charged under UCMJ Article 134 as “Extramarital Sexual Conduct.” This now includes a variety of sexual conduct beyond intercourse. The elements of this military offense are that the accused military member –
(1) wrongfully engaged in extramarital sexual conduct;
(2) that, at the time, the accused military member knew that the accused, or the other person, was married to someone else;
(3) and that, under the circumstances, the conduct of the accused military member was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature
to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

The defense in these cases can include disputing the factual allegations that sexual misconduct took place or challenging that the alleged misconduct was prejudicial to good order and discipline or of a nature to bring discredit on the armed forces. Still another possible defense in these cases is a mistake of fact defense about whether the accused military member had an honest and reasonable belief either that the accused and the co-actor were both unmarried or legally separated, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the government to establish that the accused military member’s belief was unreasonable or not honest.

Moreover, a more recent affirmative defense to an allegation of extramarital sexual conduct is the defense of legal separation. In this defense, it needs to be shown that the accused, co-actor, or both were legally separated by order of a court of competent jurisdiction. The affirmative defense does not apply unless all parties to the alleged conduct are either legally separated or unmarried at the time of the conduct.

Military Bigamy Cases (UCMJ Article 134)

The military offense of bigamy covers a claim that a military member was married to our spouse and while being married to that spouse the accused military member was also married to another spouse. So, the accused military member had two (or more) spouses at the same time.

Military Fraternization Cases (UCMJ Article 134)

The military offense of fraternization covers a claim that a commissioned officer or warrant officer fraternized with an enlisted military member “on terms of military equality,” and this alleged conduct violated a custom of the service that officers shall not fraternize with enlisted members and that, under the circumstances, the conduct of the
accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Military fraternization allegations are most commonly associated with consensual romantic or sexual relationships between officer and enlisted. But, that is not always the case, and that type of fraternization (sexual or romantic) is not required under this UCMJ offense. Fraternization can also be due to a friendship that crosses the line or other types of conduct that cross the line between officer and enlisted.

Gambling with a Subordinate (UCMJ Article 134)

As described above, there are more scenarios than just sexual or romantic relationships that are prohibited by the military fraternization rules. In addition to the military rules against fraternization, there is a very specific UCMJ offense for Gambling with a Subordinate (UCMJ Article 134)

This alleged military offense covers the following:

(1) That the accused military member gambled with a certain subordinate Servicemember;
(2) That the accused military member was then a noncommissioned or petty officer;
(3) That the subordinate Servicemember was not then a noncommissioned or petty officer and was subordinate to the accused military member;
(4) That the accused military member knew that the Servicemember was not then a noncommissioned or petty officer and was subordinate to the accused military member; and
(5) That, under the circumstances, the conduct of the accused military member was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

The first thing to understand about this specific offense is that it can only be committed by a noncommissioned or petty officer who is gambling with an enlisted person of less than noncommissioned or petty officer rank. On the other hand, depending on the facts alleged in a case, gambling by an officer with an enlisted person may be a violation of the rules against fraternization or UCMJ Article 133, Conduct Unbecoming an Officer and Gentleman.

These military consensual sex offense and/or fraternization allegations can have significant and long lasting legal, professional, personal and family consequences. Court-martial trials can result in federal criminal conviction, jail terms, dishonorable discharge or dismissal, and a variety of other negative outcomes. Military discipline and adverse administrative actions can impact future promotion, career advancement, performance reports, military assignments, rank, retirement, and future employment. In such challenging situations, seeking guidance and representation from an experienced military defense lawyer is crucial to navigate through the complexities of the military legal process and safeguard your rights.

Attorney Richard V. Stevens has represented many military clients over the years who have been accused of adultery or fraternization. That has included senior noncommissioned officers, senior officers, and even flag officers.

An experienced and aggressive defense attorney is absolutely vital in these military cases.

Military defense lawyer Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations. For a free initial case consultation, please contact us.

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

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