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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 114817
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If my wife and I separated in January and one of

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If my wife and I separated for divorce in January and one of us had intercourse with another individual in February, then FILED for divorce in March, is that still chargeable as adultery? Also on top of that, both parties had a couple drinks of alcohol. Both parties remember everything and both parties gave consent and still admit to giving consent and that no one was a victim. Why is the male still under investigation for sexual assault? What needs to be shown or said to prove it was not sexual assault?
Submitted: 11 months ago.
Category: Military Law
Customer: replied 11 months ago.
Also, I am in the United States Marine Corps. So this is a military law concept
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If the parties were separated in preparation for divorce, but no legal separation or divorce was filed, then it is still adultery, since it was sex with other than a spouse during the time of the legal marriage. So, it would still be adultery.As far as sexual assault, under Article 120 of the UCMJ, it states: (b)Sexual Assault.—Any person subject to this chapter who—(1) commits a sexual act upon another person by—(A)threatening or placing that other person in fear;(B)causing bodily harm to that other person;(C)making a fraudulent representation that the sexual act serves a professional purpose; or(D)inducing a belief by any artifice, pretense, or concealment that the person is another person;(2)commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—(A)impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or(B)a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person; So in order to clear those charges, you have to prove none of those elements above occurred. As you can see, intoxicants or if there was a subordinant superior relationship could lead to a substantiated sexual assault charge. At this point if the investigation is ongoing, you need to make sure you have a JAG representation to protect your rights (or the male who is under investigation should have one, since they are under investigation)>

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