Uniform Code of Military Justice?

Question

I'm looking for the portion of the UCMJ which covers servicemembers' relationships. More specifically, I'm looking for where it states that anyone under 18 is OFF LIMITS. I'm also looking for written documentation that covers the rules of being deployed and having sexual relationships. Just to be clear, I KNOW that servicemembers are strictly forbidden from having sexual relations with anyone under 18 (regardless of local age of consent) and that soldiers deployed to Iraq or Afghanistan cannot have sex while there unless deployed with their spouse and living in a tent together. I also KNOW that pornography is strictly forbidden overseas and that sexual relations with the locals is forbidden as well. I am just looking for the articles under the UCMJ (or any amendments) that cover these specific issues as it has come up as a topic for discussion in one of my classes.

Answer 1

The UCMJ does cover age of consent-



The age of consent under the UCMJ, which covers all branches of the military, is 16. Article 120 of the UCMJ describes Carnal knowledge as : (a) accused committed an act of sexual intercourse with a certain female; (b) Female was not the accused's wife; and (c) at te time of the sexual intercourse the female was under 16 years of age.



An associated offense is statutory rape under 18 USC 2243(a) Sexual abuse of minor. "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who: 1. Has attained the age of 12 years but has not attained the age of 16 years; and 2. Is at least four years younger than the person so

engaging; or attempts to do so."



BUT- State law will take precedence if it says an older age.

Answer 2

As for the sexual relations while deployed, that is covered by General Order 1B. There's nothing in the UCMJ that says that you can or can not have sex while deployed. General Order 1B is a punitive order, which means if you violate it you can be punished under the UCMJ for violating an order or regulation - Article 92 UCMJ. For the record, General Order 1B does not state that you can't have sex while deployed, it has been amended. Most FOBs/Bases have implemented rules that forbid personnel of the opposite sex from being in each others' living areas.



As far as the age of consent under the UCMJ, it is 16 years old. You can find that under Article 120 - Rape. Look in the definition section, they define a child as "(9) Child. The term “child” means any person

who has not attained the age of 16 years."

Answer 3

The under 18 bit is actually civilian law. In the military you are under UCMJ and civilian law simultaneously. UCMJ charges can and will reference civilian law when not specifically addressed by the UCMJ. In fact, you can be charged twice for some things, if they overlap, once under civilian and once under military law. U.S. military members do not have protection from Double Jeopardy. And they will often go with the strictest state law - which is up to the 18th birthday.



Deployment rules are based on General Order Number One which is issued to the theater of combat. The big three deal with sex (outlawed entirely in some cases, they've loosened up in the past few years on that some, though), alcohol, and pornography. You break any of these and it's an automatic Field Grade Article 15. No questions asked. You can always tell if a group of soldiers just got back from deployment, because they'll be wearing faded ACUs, scored up desert boots, combat patches, and not enough rank to reflect all that. It's too easy to get in trouble in country.



Also, when all else fails, there is your own command. Orders are orders, if your command says 18 is the age of consent and that there will be no sex in country, or orders everybody to wear a big purple reflective armband, then you will do so. They can always make their rules stricter than regulations. Failing to obey an order is against UCMJ. (Now there are some pretty stupid orders given which the command cannot enforce and which are generally ignored, but don't assume anything if you want to be on the safe side.)

Answer 4

Your answers may not just be just in the UCMJ but also the written instructions and directives of the commanding officers. These address specific or general situations not specifically covered in the UCMJ such as local laws and customs.

Military members are as subject to the directives and instructions of their commanders as much as the UCMJ.

If your looking for justification for the rules or for your own activity, look to the morality established by the society you are existing in.

Some of the "taboos" you are addressing are offenses under the laws of the host country and sometimes punishable by death.

Answer 5

It's actually 16 years in the military, but civilians can charge you if the state law is 18. Otherwise it's Article 120, UCMJ. Rape, sexual assault, and other sexual misconduct.

Answer 6

The type of class would be good to know. If you are working on a JD that is one thing. If you are active and dealing with subordinates I would be very careful how the material was presented. This is the kind of thing to just read outloud and leave out the what ifs and so forths. Adding incorrect assupmtions on your own without a license to practice law could be a problem. Ask JAG to do it.