How does the military handle cases involving adultery?

In Virginia, military law is governed by the Uniform Code of Military Justice (UCMJ). The UCMJ covers a variety of military offenses, including adultery. Adultery is a crime under the UCMJ and is punishable, depending on the circumstances of the case. Under the UCMJ, adultery is defined as “Sexual intercourse between a married person and someone other than the person’s spouse who, at the time of the intercourse, is not the spouse of the other person.” In other words, a married person cannot have sexual intercourse with someone outside of marriage. If the military prosecutes a service member for adultery, they must prove each of the elements of the crime beyond a reasonable doubt in a court-martial. As a result, the military often prefers to resolve cases of adultery through a non-judicial punishment or administrative proceedings, known as an Article 15 hearing. If the military decides to proceed with a court-martial, the accused service member could be subject to a variety of punishments. This might include a dishonorable discharge, a reduction in rank, time in confinement, forfeiture of pay and allowances, extra duties, and others. Ultimately, the military takes cases of adultery seriously and will aggressively investigate any allegations with the aim of punishing any service members involved.

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