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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34558
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Need to see how to proceed. I was asked to see. I think I

Customer Question

Hi. Need to see how to proceed. I was asked to see cid. I think I know what is about. My girlfriend had played a trick on a soldier whose number was on my phone. It turned into some sex talks. He sent her pics. The next day he believed he sent to me. Now cid wants to talk to me. What do I do?
I did not know about it u too she told me the next day
Submitted: 10 months ago.
Category: Military Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for your question. Before I can assist you I will need to know if you are a U.S. military servicemember and your gender. Also, I am unsure what the issue is that would make this unlawful, is your girlfriend under 18 years of age? Any reason to believe you are being investigated, or is this just the other soldier?

Customer: replied 10 months ago.
I am a DA civilian
Customer: replied 10 months ago.
My girlfriend is 36. The thing is she used a phone not registered to text a soldier who thinks it was me that pretended to be a girl. They shared sex talk and pictures. Now I have to see CID
Customer: replied 10 months ago.
What are my legal rights as I am falsely being accused as I had no previousl knowledge until she told me that it was supposed to be a joke but the guy who is claiming to be a victim is now claiming He thought it was me
Expert:  Marsha411JD replied 10 months ago.

I am going to opt out of working on your question as I still am not understanding, based on the information that you have provided, what criminal conduct would be raised by these facts. Someone else who takes your question will let you know when they have a response for you. No need to reply until then.

Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different attorney here...are you still looking for help on this?

Customer: replied 10 months ago.
please
Customer: replied 10 months ago.
Two weeks ago I went to Tokyo for R&R to visit friends. I met up with a Russian girl whom I have known for years. We had gone out for dinner and to several bars. I placed my phone and wallet in her purse. I had gotten a Japanese data card.As the night progressed we met up with friends. She had decided to play a joke on me which I did not know about. She apparently texted two people that in on my iMessage.One of them replied and asked who is this. She answered back that it was one of his ex girlfriends and i guess the conversation lead into sex talk.As it was late we went back to the hotel and she was with me. I fell asleep and she continued to have sexual conversation with this guy. The guy sent her pictures of himself and she did the same however she got hers from the Internet.The next day the guy kept writing her and demanding to see her face on FaceTime. She then told me what she had done.I got really pissed. I told her to stop and to delete everything she had done. She saw how pissed I got and kept saying it was a joke.As it turned out the person she wrote is a young E4 with whom I lifted weights with. Because he knew that I was in Tokyo and saw that the number was from Japan, he is now thinking it was me.I guessed he went to his unit and reported it. I now have to see CID.My friend said she will be willing to talk to anyone and personally apologize to him.
Your thoughts?
Expert:  P. Simmons replied 10 months ago.

Thanks
I do not see the crime...that is, as a civilian you are not subject to military law...and even under federal law, what you are describing is not a crime (at least as far as you are concerned).

And the Russian girl is not subject to US law while in Japan.

So I do not see criminal liability for you or your friend.

All that said, you ask about your rights...you can refuse to speak to CID if you like. There is no law that would force you to speak with them. But frankly speaking, since there was no crime committed I would share what happened with CID.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 10 months ago.
Thank you. However, would this be a SHARP thing that CID is investigaring ? I am just afraid that this will damage my career and reputation. As a DA civilian, what can they do to me? Thank you so much.
Expert:  P. Simmons replied 10 months ago.

Again, what you are describing is not a crime (you had no knowledge during her activities). So it is not a "SHARP" issue. As a civilian they can fire you if there is evidence you committed a crime...but I am struggling to see a crime...which is why I would not sweat this.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 10 months ago.
If they ask to do forensics of my phone should I allow it?Your assistance is very appreciated. After I see CID can I discuss further should they try to accuse me ? Thanks again.
Expert:  P. Simmons replied 10 months ago.

If the information you are providing is accurate you have NO worries...let em look at the phone if they like. Frankly, the only conceivable issue is your job...if they think you committed a crime that could be a basis to terminate you...so I would cooperate with CID fully.

And yes, you can always ask follow on questions here at no cost.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 10 months ago.
Thanks. I will let you know one way or another.
Expert:  P. Simmons replied 10 months ago.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

Customer: replied 10 months ago.
Hi Phil. CID said that I'm a subject of a sexual assault case. They processed me stating that it won't go forward until a decision to title is made. How can this fall under sexual assault?
Customer: replied 10 months ago.
Please see DoDI 5505.18, January 25, 2013
Expert:  P. Simmons replied 10 months ago.

What you are describing is not assault. That said, I have no idea what other information may be out there. If you are a suspect in a criminal case? I would NOT make any statements to law enforcement.

Customer: replied 10 months ago.
I guess DOD is strict on SHARP and seems that every allegations are investigated by CID. According to CID, they are suspecting me of sexual assault. They went through processing of fingerprint , photo and DNA. I had to give a written statement. They asked if I would take a poly and i said no. Now I am waiting to see the results of their investigation. Meanwhile I asked them if they wanted to talk with Irena and they said maybe.
Customer: replied 10 months ago.
Hi. Just to confirm. Our conversation isn't be posted online for justanswer?
Expert:  P. Simmons replied 10 months ago.

The conversation is online...this is a public forum. WOUld it help to talk on the phone? I can send that offer

Expert:  P. Simmons replied 10 months ago.

Hi
We have gone back an forth on this for days
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

Customer: replied 10 months ago.
I will arrange a time to speak with you this Friday.
Expert:  P. Simmons replied 10 months ago.

thank you

Expert:  P. Simmons replied 9 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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