US army can now court-martial for pregnancy

[MobBoss]

There is where Chain of Command comes in. If you where out of his CoC, and your CO didn't make this a crime then you would be fine. This rule, only applies to the people under his Command.

but there is always that oddie but goodie catch all "General article" article-134. But Your CO can always make it a crime.

The general article is the broad brush article in that anything 'disruptive of the overall morale and discipline' can be a punishable offense under that article in the UCMJ. It gets used in Art 15s a lot, but not so much in court actions for the sole reason its fairly subjective.

 

[woody60707]

The general article is the broad brush article in that anything 'disruptive of the overall morale and discipline' can be a punishable offense under that article in the UCMJ. It gets used in Art 15s a lot, but not so much in court actions for the sole reason its fairly subjective.

Well no one was ever going to be court-martial for this (exculd: O's). NJP at the most. In any case, this was the answer RedRalphWiggum was looking for anyways.

I think some people have a hard time wrapping there head around the fact at how many rights we lose, and how controlling this type of life can be.

 

[woody60707]

To make it clear. UCMJ isn't applied to you. Civilian law is. You can go on base with a huge sign that says "I'll knock you up so you don't have to go to Iraq" or get your tongue pierced (yes, I had a friend get NJP'ed for that) Now PMO/MP's can kick you off base or turn you over to the cops. There may be some public law about aiding desertion. But that's all with you and the civilian courts. The UCMJ will never be applied to you.

Now does anyone know how state law is applied to actions on base? FT Bliss had a drinking age of 18, Texas is 21. UCMJ has a age of consent of 16, most states are 17-18. I was always very fuzzy how this all work out in the legal system. For military and non military alike. Moboss?

EDIT: was re-reading the UCMJ ART. 120. RAPE AND CARNAL KNOWLEDGE

(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.

Nothing about males in here. And nothing about female doing the act. loophole? lol

 

[Ecofarm]

What if you and me were somehow made into siamese twins, and the me half of us got thousands of US soldiers pregnant with the express intent of harming the US war effort, while the you half was distracted. Now I'm an Irish citizen and civillian, but you are an American soldier, so would either or both of us or neither of us be liable?

How would you distract him?

 

[MobBoss]

Well no one was ever going to be court-martial for this (exculd: O's). NJP at the most. In any case, this was the answer RedRalphWiggum was looking for anyways.

You never give an Art 15 for something your not willing to go to court martial over. Why? Because Art 15s can be refused and the soldier can demand trial by courts martial.

Now does anyone know how state law is applied to actions on base? FT Bliss had a drinking age of 18, Texas is 21. UCMJ has a age of consent of 16, most states are 17-18. I was always very fuzzy how this all work out in the legal system. For military and non military alike. Moboss?

Its not state law, but fed law since its federal property not state property. But there is a rule somewhere that indicates state law rules generally apply to the Fort in question while being punishable in mag court jurisdiction.

For example, if you get a speeding ticket on post, it goes to federal magistrates court, not the local state court, but the state laws for discovery/evidence, etc. usually still apply. Likewise military law often has to be congnizant of local jurisdiction as well in order to avoid double jeopardy issues. For example, soldiers that get DUIs in town only get letters from reprimand from the post general instead of Art 15s, because if they got NJP or a court martial it would create a possible double jeopardy issue with the local courts.

EDIT: was re-reading the UCMJ ART. 120. RAPE AND CARNAL KNOWLEDGE
Nothing about males in here. And nothing about female doing the act. loophole? lol

No, I think you are using a much older copy of the MCM. Mine on my desk contains no gender references what-so-ever. All the current language says 'a person who does x to another person' etc....

 

[RedRalph]

How would you distract him?

Nude photo of Nancy Reagan.

 

[GenMarshall]

Maj Gen Anthony Cucolo is more prudish than a Catholic nun.

 

[Neonanocyborgasm]

They do get it free {contraception} and have been for a very long time. Its part of their medical care.

So that means this new directive is in keeping with the existing structure. It also means that sex is not implicitly forbidden in the military. Well, I'm glad we worked that out.

 

[MobBoss]

Again, the title of the thread (and story) is misleading. Your're not getting a court martial for being pregnant per se, but for violating a lawful order in a combat theater.

@Nano: correct to a degree. Combat zones and theaters often have even more restrictive rules than what the rest of the Army enjoys, which in turn is far more restrictive than civilian law.

While sex is not implicitly forbidden as you say, fraternization and adultery are. Or to put it another way, certain relationships are forbidden, and often this can be a sexual relationship.

 

[ParkCungHee]

If it was deliberate and soley to get out of your job, then I can see the merit in punishment, but surely there should be some provision for when it is a genuine mistake?

Then it's a case of inexcusable negligance.

 

[Karalysia]

It's all been cancelled now. They competly rescinded it.

 

[GoodGame]

To make it clear. UCMJ isn't applied to you. Civilian law is. You can go on base with a huge sign that says "I'll knock you up so you don't have to go to Iraq" or get your tongue pierced (yes, I had a friend get NJP'ed for that) Now PMO/MP's can kick you off base or turn you over to the cops. There may be some public law about aiding desertion. But that's all with you and the civilian courts. The UCMJ will never be applied to you.

Now does anyone know how state law is applied to actions on base? FT Bliss had a drinking age of 18, Texas is 21. UCMJ has a age of consent of 16, most states are 17-18. I was always very fuzzy how this all work out in the legal system. For military and non military alike. Moboss?

EDIT: was re-reading the UCMJ ART. 120. RAPE AND CARNAL KNOWLEDGE
Nothing about males in here. And nothing about female doing the act. loophole? lol

I believe desertion fits under the category of subversion, which is a kind of sabotage/treason, so theoretically that'd be punishable by death under Federal law. Fun, no?

On the drinking age, I think it can vary with the exact status of the military installation, but Federal law would likely override any non-martial law decision on the topic.

 

[Shylock]

The male sexual partners of female soldiers who get pregnant would also "face the consequences", he said.

What if the male is a civilian? What are you going to do then?

Damaging government property?

 

[Patroklos]

Rtft!