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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26819
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My sister in law was caught by my brother having an affair

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My sister in law was caught by my brother having an affair with her (married) Civilian superior. She is in the USCG. They had been sleeping together in his office amongst other places. My brother discovered facebook messages and text messages between her and the CO. I have copies of some screen shots as well. They both asked him not to report the affair and destroy not only their personal lives but also professional. She called me asking me to help convince my brother to take her back. She confessed what she had done and repeatedly called herself a F-ing whore and said she knew now how great my brother is and that she doesn't want to lose him. I called the USCG and filed a complaint. I was told an investigator would contact me (this was around April 2013). To date I received one call and the investigator said he didn't need to interview me any more because he got what he needed.
My sister in law went and called CPS and filed a restaining order and suddenly said my brother is a domestic and child abuser and he created the facebook posts as false evidence and he was simply paranoid and trying to get revenge on her. We also have months of cell phone records showing the text messages and communications between the parties in addition to the screen shots but the Coast Guard appears to be sweeping this under the rug. This woman is a dishonorable person and her misconduct should be punished. What recourse do we have when the USCG appears to be keeping things hush hush?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, if you know, has she been disciplined already? if so what was the punishment?
Customer: replied 1 year ago.


She has not been disciplined at all. The investegator said that she is denying all claims and my brother made up the entire thing including doctoring the screen shots showing lewd conversations between Sarah and the superior.

Expert:  P. Simmons replied 1 year ago.
Thank you

Ultimately, the coast guard has the final say on how this is adjudicated. So it is her commanding officer who gets to decide this (how she will be punished)

One more question please, has your brother (her spouse0 complained to her commander yet? If so what was the response?
Customer: replied 1 year ago.

He complained and also gave the investigator his version of things plus my phone records, his and her phone records and copies of their facebook conversations. Two lewd conversations between Sarah and the CO and one conversation between Trevor and the CO in which the CO asked him not to tell anyone and ruin his family. The investigator told Trevor "You know that she is saying you fabricated everything to try and get at her right?" Both the CO and Sarah are maintaining that Trevor made the whole thing up and looked too much into a friendship.


 

Expert:  P. Simmons replied 1 year ago.
Ahh...thank you...but when Trevor complained to the CO...that was the culprit, correct?

Has Trevor complained to the CO's CO? To the next commander up the chain of command?
Customer: replied 1 year ago.

Yes he did. I'm just surprised so much time has gone by and nothing has been done to Sarah. It's been nearly 60 days.

Expert:  P. Simmons replied 1 year ago.

THank you

If he went "up the chain of command" then he did what he can do.

Again, this is a military matter...the military has sole jurisdiction and discretion.

So if he reported this to the CO's commander, it is up to that person to take action.

If he feels that the CO's commander is "sweeping this under the rug" he can certainly complain to his Congressional representative (sex abuse/scandals are a bit of a hot button issue now in the military)

But he can not force prosecution...nor can Congress...though they may be able to apply some political pressure

He can also report this to the local media...again, military sexual assault/harassment has been in the media lately...this is not quite assault, but it is sexual misconduct. It may be that the local media picks up the story.

But it may be that they are contemplating prosecution.

60 days is not long...not if they are sending this to a court martial. So it may be that they will take action

I would have your brother contact the CO's commander and request to know what, if anything, will be done. It may be they are planning action. If he believes they are trying to cover this up, I would call his congressman

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26819
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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