Adultery is a crime punishable under Article 134, UCMJ. There are three elements that must be met to prove adultery existed. They are:
(1) That the accused wrongfully had sexual intercourse with a certain person;
(2) That, at the time, the accused or the other person was married to someone else; and
(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
The first element is the hardest to prove. The reason being is that the physical act of intercourse has to be proven. Unless there is a video, credible witnesses of the couple in the act, or some other concrete evidence, a confession by one of the two parties is normally the only way to prove adultery. This does happen on occasion, but normally neither party will confess.
Comments
Stephen Ryan
Ok my wife cheated on me last month she confessed to me but she wont tell me with who am i entitled to noe with who she cheatd kn me with
Stephen Ryan
Adultery is a crime not only in the civilian world, but also in the military. It is a crime because its nature violates the military pillars of good order and discipline. In addition, it damages the reputation, reputation and competence of the service.
Stephen Ryan
Worth article! I just want to say thank you for sharing.
Stephen Ryan
There are two options to report adultery in the military. The first is to ring up the accused’s commander to report. You can reach out to the Family Readiness Officer for the commander’s contact information. The second way is file a petition for divorce. This is a public record document, so when you follow through with all of the processing, you will be able to officially “call out” your spouse having an affair while he or she is supposed to be serving the country.