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Military Rape Questions

Military rape is an issue that is not handled lightly by the military. If found guilty, a soldier can face many charges, loss of rank, dishonorable discharge, prison, as well as a felony conviction that will follow them after they leave the military. Below are five of the top military rape related legal questions answered by Experts.

If a soldier is found not guilty by a civilian court for rape by using the no penetration defense, can the USMC charge the soldier with adultery?

If you were found not guilty in a civilian court based on the no penetration defense, you should use that as your defense if you are charged with adultery. In order to commit adultery, you would have to have sexual intercourse, which would require penetration. Without penetration, there would be no sex, and without sex, there cannot be a charge of adultery. However, it is not common, the military could prosecute an adultery charge if you admitted it happened but it was consensual. Other charges may also add on if you were drinking when the incident took place, as well as fraternization, if the person was a junior soldier under your command.

Can a soldier have a rape charge removed from their record? The soldier was sentenced in courts martial for the charge and given an honorable discharge?

Usually, the only way to have a charge like this "removed" would be to appeal the case and no trial is reset, having the conviction set aside. In a court martial situation, there is not removal procedure. If you were charged with a rape, this is a felony conviction which will remain in the NCIC. If enough time has passed since the conviction, it is possible to request a Presidential pardon. You will have the option to ask for a pardon five years after your conviction, only after you have completed all requirements of the conviction. This includes any jail time, fines, counseling and/or parole. You will also need to register as a sex offender as one of the requirements from the Department of Defense. Presidential pardons are not usually given to people who commit such acts.

If NCIC shows that an old charge of rape is still pending, how can a person get the file corrected or updated?

Your first step would be to fill out a Freedom of Information Act form (FOIA) and send the request to the Air Force Office of Special Investigations (AFOSI). In the request, you will need to ask them to either correct or update the information on your case. You can go back at a later date and check your status on the NCIC. If the charge is listed as a conviction, contact the AFOSI office and remind them that an ART 15 is not a conviction and request that the changes be made to your status.

Can a person, who was charged with rape 40 years ago, be allowed to have firearms? The charge happened while in the Army and the soldier was given a dishonorable discharge.

The law reads that in order to have a conviction (such as a rape) removed from your record; you will require a Presidential pardon to retain your right to carry a firearm. Anyone who has a felony conviction is prohibited from owning guns. Because you were convicted of a felony charge, you will need to seek an action that only a presidential pardon will secure.

If a person is in the Air force and is a victim of same sex rape, can they sue the military for the physiological and emotional problems that resulted from the rape?

Because of the Feres doctrine, anyone who is injured in active duty is not allowed to sue the military. However, your situation would make you a good candidate for VA benefits. Because your emotional issues were a result of an action that occurred during your active duty in the military, the VA will cover any medical needs as well as provide you with monthly compensations checks. You can apply for VA benefits at a VA clinic in your area. The members of the DAV or VFW can offer assistance in filling out the appropriate forms at no cost.

Rape in the military can be a devastating experience for the victim and a career ender for the person who commits the act. The penalties alone for rape in the military are severe. There are situation that arise when a soldier may be wrongly accused of rape. If you find yourself in a situation similar to these, you should probably seek legal counsel. If you are wanting information and legal insight about military rape, you can ask a Military Lawyer for answers to your questions based on an analysis of your case particulars.
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Recent Rape Questions

  • so what happen to my case when i had consensual with this

    so what happen to my case when i had consensual sex with this female but the next day she stole my credit card,phone and car charger. I reported her that evening to the police and after my report that evening she then call them and falsely accused me of rape. I mean she had all day yet she didn't make any report until her friends tipped her off that I have given her to the police then she called and made those claim. i did a lie detective test with civilian police since they were also investigating the case and i passed it however NCIS demanded I do another lie detective test with them which I didn't pass. I don't know why I didn't pass because I told them the truth. Well I decided to request an early out which my battalion commanding officer approved it but he was 05 and didn't have convening court martial authority so it has to moved up to my regimental commander who was 06. well NCIS closed their case and said they gave a copy to my command and it was up to them to make the decision of letting me go or stay. the regimental CO decided to seek the JAG advice and I am being told the JAG is contacting the DEA in town to make their decision. The DEA out of town already rejected the case since there was lack of evidence and the female has history of lying. I have not been charge with anything so what is the worst that can happen to me because I am trying to get out at my EAOS September 2014. Do I have any options I can use to get this done early so I can get out in time for school? whats your advice?
  • My granddaughter is in the Marines at 29palms. She pressed

    My granddaughter is in the Marines at 29palms. She pressed charges against another marine for rape. The guy was convicted of assault and battery, adultery,and something else but not for rape. During this trial they took her phone and took all text and there was one on there about her and some other marines doing mushroom. I'm not sure if her witness of the rape was included in doing mushroom but the marines are also pressing charges against the witness.

    My granddaughter has had a rough time in the marines. Seems they are always after her for something. She's now married and has a 4 month old son. Finally something good in her life. But what about these charges the marines are after her for? What do we need to do?
  • My son in law is a Marine, is in the brig accused of attempted

    My son in law is a Marine, is in the brig accused of attempted murder and rape of a female marine. His exit date from the marines was in April and is now on a legal hold with anticipated date of court martial to be in October. He has a wife (my daughter) and a 2 y.o. daughter, and an 11m.o. daughter with cystic fibrosis. We have moved my daughter and grand children to Alaska so she will have family supply and help. She was receiving his pay less car payment and money taken to support his needs in the brig. On May 13, 2014, she was looking on her bank account for the check deposit or pending status and there was nothing showing and lo ok king like money was owed to the DoD. She called her contacts on Camp Pendleton. They checked and called her back later today and said it was taken care of and she will be paid on the16. Then yesterday May 14, my daughter received a call from the Lt. Col. that no his pay has been discontinued because he is in the brig. Now when all of this happened we consulted a base attorney to find out what My daughter could expect and would she could expect for pay and intricate. We were told until his court martial and final disposition was determined she would continue to get benefits. What are the real legal determinants about does she or does she not qualify to continue to receive benefits?
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