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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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Can a soldier get in trouble for cheating on their fiancé ?

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Can a soldier get in trouble for cheating on their fiancé ? Taking emergency leave for her after a life threatening ectopic pregnancy and using that time to go off and meet with other women?

Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

There is no law against cheating on a fiancé. The military doesn't legally recognize that relationship as formal, so it isn't legally "adultery" to cheat in the sort of relationship.

Where there could be trouble is if the soldier lied to his command about why he needed emergency leave and what his purpose was for taking it. That could be considered a false official statement (depending on how the statement was made to command).

So, it could present issues for the soldier if the commander is upset about being apparently lied to about the need and use for the emergency leave.

Customer: replied 3 years ago.
I'm not sure what to do. But I feel that I deserve something. This was one of the most scary tsituation that has ever happened to me and he used the leave and left me in the house alone for 12 hours, to go party with the women he is dating now. I could not get up use the restroom or get to my medication. Since he moved me all the way to where he worked my friends had to drive hours to come and get me. So I could be in a safe place with the care I needed.
What do you mean, you feel that you deserve something? Are you asking if you can sue for damages here? I just want to understand the basis for this question.
Customer: replied 3 years ago.
I want him to see that what he did has a life long effect on me. I was terrified. I want him to be held accountable for this. He moved me out there made all these promises and then left me in such a dangerous position. Using his leave for partying and women. And I'm left with nothing but scars pain, nightmares and bills I can't pay because I trusted his word and was not prepared for this. Right now I'm not even capable of working due to the fact that my surgery was only four days ago. Anything I can do at all?
Ok, I understand. I'm sorry that you've been put into this situation, but what you have to understand is that most of that isn't illegal. The military doesn't and can't pass laws on a person remaining faithful in a non-marriage relationship.

The medical issues are the result of a pregnancy complication. The expenses could have occurred whether or not he was faithful, so while his cheating certainly makes you more cognizant and more hurt about the situation that goes forward, it didn't directly contribute to the injuries at all.

The point here is that, again, there simply is not any law in the military or in the civilian world against a person being, for lack of a better term, a pig.

You can sue him, in civilian courts, for a share in the cost of your medical bills and he was sharing in the pregnancy and, presumably, was acting in a way that suggested that you were going to go through with it, but that is not a military matter. That's a civilian court matter, for you to address with a personal injury attorney.

The military can not and will not give you anything in relation to your injury or the costs regarding it. You were not married. You weren't on military insurance. He was not receiving any specific funds from the military, like housing costs or separation pay, based on your relationship. Unfortunately, as far as the military is concerned, there was no legal relationship between you and would not be until you were married.

On the issue of his reporting this incident to his command in order to get emergency leave, I do believe that is something that you can report to his commander. No victim, oddly enough, is ever entitled to a specific outcome when they report crimes. Prosecutors (in the civilian world) and commanders (in the military) actually choose what action to take. All you can do here, regrettably, is report the fact that he used that emergency leave time to go meet other women rather than using it for the emergency that he alleged to his commander. That will likely result in him getting into some trouble with his command, possibly including criminal charges.
Allen M., Esq. and other Military Law Specialists are ready to help you
I see that you have rated my service as "ok."

Was there some question that you had that I did not address?

Or rather, are you just understandably upset with how the law treats your situation?

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