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A Missouri National Guard Command Sergeant Major had

sexual intercourse with my spouse...
A Missouri National Guard Command Sergeant Major had sexual intercourse with my spouse, both were married to other persons, and neither was separated at the time of the intercourse. The event(s) took place in October 2009. All parties have admitted same to their spouses when confronted with cell phone records and other evidence supporting their nefarious activities. The Sergeant Major's command was never informed or advised of the incident - though should be. What might be the best method to proceed?
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Answered in 5 minutes by:
2/11/2016
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,462
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You can certainly contact the command directly and give them the facts. What you have to understand though about NG members is that they are not subject to the UCMJ unless on orders and they actually commit an offense while on those orders. They have their own version of the UCMJ, as a state, but it is not nearly as harsh as the federal version.

Still, the command could decide that it is worth some sort of administrative action against the individuals involved. The next thing you have to understand about military justice is that you don't "press charges." It doesn't work that way. You can inform the base JAG office or the direct commander of the facts of the situation and they decide what action, if any, to take. It is entirely possible, given how long ago this event took place, that nothing will happen at all or perhaps counseling (and that's only if they are still in the NG). So, don't report this with the expectation of any result. Do it because you feel it should be known by command.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 years ago
Thank you kindly - I will carefully consider your advice and potential contact with his command.

Good luck going forward.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,462
Experience: Lawyer and current JAG officer.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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