What is the likelihood of being punished for an adulterous act that occurred years ago?

2019-03-28T04:33:43-04:00

How likely is that an Airman will be punished for adultery over an incident that happened over two years ago and the Airman is already divorced and remarried.

Response by CSM Darieus ZaGara made Mar 28 at 2019 4:39 AM

2019-03-28T04:39:50-04:00

This is a legal question, there are all sorts of things that can impact this outcome; statute of limitations etc. it sounds odd and not enough info, either way I would be blockading, you need to speak with a Lawyer. Thank you for your service.

Response by SrA Private RallyPoint Member made Mar 28 at 2019 4:54 AM

2019-03-28T04:54:15-04:00

To add more clarity, the ex spouse finally reported it after a couple years of the incident(adultery) occurring and now.

Response by SSG Private RallyPoint Member made Mar 28 at 2019 6:20 AM

2019-03-28T06:20:00-04:00

Does she have any evidence?

Response by SFC Casey O'Mally made Mar 28 at 2019 7:59 AM

2019-03-28T07:59:48-04:00

I am not a legal expert. Do not substitute my opinions for those of the Chain of Command or of JAG.
Based on my experience (I'm not a 2LT, I'm allowed to say that!).... Highly unlikely. Not impossible, but improbable.
Adultery is rarely prosecuted even when fresh. 2 years old is less likely. BUT.... if there is a compelling case, that could change. Also.... pretty much everything UCMJ is up to the Commander. If the Commander want to pursue a 5 year old case of jaywalking, (s)he can.

Response by Lt Col Scott Shuttleworth made Mar 28 at 2019 10:27 AM

2019-03-28T10:27:45-04:00

It would be up to the current commander. As a former commander, if this isn't prejudicial to good order and discipline and morale of the current unit, just reported by ex spouse after two years (sounds like vindication versus justice), the member is a stellar performer, then I probably wouldn't pursue it. But again, I would seek the advice of the JAG before I made any decisions but it is up to the commander of whether or not to pursue.

Response by MSgt Steven Holt, NRP, CCEMT-P made Mar 28 at 2019 11:02 AM

2019-03-28T11:02:40-04:00

So here we have a bitter ex-spouse who makes an allegation some time after a divorce and the other spouse has moved on and remarried. Unless she can offer evidence (ie: pictures/video of her ex-spouse in the act), my best guess is that the CoC won't have much interest. Even then, unless it can be proven it went against good order and discipline, it's unlikely many Commanders would expend time pursuing it. Ex- and soon-to-be-Ex spouses make all sorts of allegations and complaints on a regular basis. Many are proven to be nothing more than he/she is trying to cause trouble for the service member. That being said, if the CO is looking for something to get rid of a problem troop.......

Best bet would be to contact the local JAG office. They would be in a better position to answer specific questions.

Response by MSG Private RallyPoint Member made Mar 28 at 2019 11:51 AM

2019-03-28T11:51:34-04:00

Not much if the statute of limitations have passed

Response by SFC Christopher Taggart made Mar 28 at 2019 3:06 PM

2019-03-28T15:06:35-04:00

I did something in 2005 without knowing that it occurred. Ten years later and out of the military, it came back to bite me in the butt, my legal troubles began then...the rest is history. Consult a lawyer.