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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19935
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I was deployed overseas and had a relationship with another

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I was deployed overseas and had a relationship with another member of the armed forces. He was not truthful with me and later after he left country I found out he was married. I was just recently called by the CID for him being under investigation and was questioned about our relationship. I was truthful and honest with the agent. Is there any way that this could come back on me? Could I be punished?
Hello,

Thank you for the information and your question. Although under the UCMJ you could conceivably be charged with adultery, you would have an "affirmative defense." That defense is mistake of fact, in that you had an "honest and reasonable" belief that he was not married. Once that defense if raised, the Government carries the burden of proof to show that the belief was either not reasonable or not honest.

That said, they probably are not going after you. You don't say whether they read you your Article 31b rights and whether you waived them. If they didn't provide you with your right to remain silent, since they knew going into the interview that you were suspected of having this relationship with a married man, they would not be able to use your admissions against you. In other words, once you are a suspect, you must be given your Article 31b rights. If you were given these rights and waived them, then they could use what you said against you.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 3 years ago.


No they never read me my rights. They did ask me if I would be willing to write a sworn statement and I said no. So if they call again can I just refuse to answer any questions? With me being in the military as well can they force me to answer or give a sworn statement in the future?

Hello again and thank you for your reply. They cannot make you make any more statements, whether sworn or unsworn, that could incriminate you. If it would ever come to the point where they are going to do something like court-martial him (which they may or may not do), then if you are subpoenaed to testify, you would have two choices. One is to refuse to answer on the grounds that it may incriminate you and the other option is to ask the prosecutor for "testimonial immunity" meaning if you get that, then nothing you say under oath can be used against you to prove any charges.
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