How does the military handle cases involving adultery?

Adultery is a breach of military law in Texas, and is punishable under the Uniform Code of Military Justice (UCMJ). Adultery is defined as a married service member who has sexual intercourse with someone other than his or her spouse, or a civilian who is married to an active duty service member. When adultery is discovered, a Service member can be charged with violating Article 134 of the UCMJ which prohibits adultery. A conviction under Article 134 could result in a Bad Conduct Discharge, or any other lesser punishment that a court-martial may choose. Adultery cases are difficult to prove in a court of law so the military may take other steps to deal with the issue. The Commanding Officer (CO) may counsel the Service Member, separate them, or even impose administrative punishment such as Non Judicial Punishment (NJP). The military may also investigate whether a service member is guilty of fraternization or “conduct unbecoming an officer and a gentleman” if the service member is an officer. If the service member is found to be guilty, then the officer could receive a lessor punishment than in an adultery case. In all cases, the service member is notified of the charges and have the right to legal counsel. The service member also has the right to make a statement, present evidence, and cross-examine witnesses.

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How does the military handle cases involving adultery?

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