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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32800
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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what evidence is required for adultery under the UCMJ

Customer Question

what evidence is required for adultery under the UCMJ
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
To obtain a conviction the government must prove, beyond a reasonable doubt, the elements of an offense.

For adultery the elements are

(1) That the accused wrongfully had sexual intercourse with a certain person;

(2) That, at the time, the accused or the other person was married to someone else; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

More info here

SO, if the government has legally competent evidence (that is testimony from one or more persons with personal knowledge) that can assist to prove the elements, they can prosecute the case

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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