UCMJ Article 134: Adultery Defense Attorney

Facing an Article 134 charge for extramarital sexual conduct can be a stressful and confusing experience. Just like any accusation, it can trigger anxiety, frustration, and damage your reputation. Military Law Center is here to help you navigate this situation.

Unlike civilian life, the UCMJ sets specific standards for service members’ conduct, including their personal relationships. This is because the military operates under a stricter code of ethics designed to maintain good order and discipline within its ranks.

An accusation of extramarital sexual conduct can be serious, so understanding the specifics is crucial.  The UCMJ defines it as any sexual act, including:

• Oral, anal, or vaginal intercourse
• Between people of the same or opposite sex
• When at least one person involved is married

Key Differences from the Previous “Adultery” Offense:

Before 2019, Article 134 focused on “adultery,” which only applied to married service members having sexual intercourse with someone other than their spouse. The current definition is broader in two ways:

• Types of Sexual Acts: It encompasses a wider range of sexual activity, not just intercourse.
• Unmarried Parties: It can also apply to a single person who has sexual relations with someone married (and knew, or should have known, of their marital status).

Elements of the Offense:

For a conviction under Article 134, the government must prove beyond a reasonable doubt that:

1. You engaged in a sexual act as defined by the UCMJ.
2. You were married at the time of the act.
3. The other person was also married (or you knew, or should have known, they were married).
4. The conduct negatively impacted good order and discipline or brought discredit to the armed forces.

Government’s Burden of Proof: Knowledge of Marital Status

The government has a specific burden regarding the accused’s knowledge of the other party’s marital status. The accused can raise a defense of mistake of fact, arguing they believed the other person was unmarried or legally separated (with evidence to support that belief). Additionally, the 2019 revisions allow a legal separation defense, where both parties are unmarried or legally separated at the time of the act.

A conviction under Article 134 for Extramarital Sexual Conduct carries a severe maximum penalty. Here’s what you could face:

• Dishonorable Discharge:
  This is the most serious discharge type, marking a permanent and negative end to your military career. It can also make it difficult to obtain future employment.
• Forfeiture of All Pay and Allowances:
  This means losing all current and future military pay and benefits, creating significant financial hardship.
• Confinement for Up to One Year:
  You could face imprisonment for a period of up to 12 months in a military brig.

It’s important to understand that these are the maximum penalties.  Depending on the specific circumstances of your case, the actual punishment you receive could be less severe.  This highlights the importance of a strong defense strategy.

Facing an Article 134 accusation can feel daunting, but there are strong defenses available to fight the charges. Here at Military Law Center, we’ll explore all potential defenses applicable to your case, including:

New Affirmative Defense of “Legal Separation.” 

Under the old offense of “Military Adultery,” the fact that a married party was “legally-separated” from his or her spouse was not a defense.  However, under the new offense extramarital sexual conduct, legal separation is now a recognized affirmative defense.  However, in order for the affirmative defense to apply, both parties to the conduct must either be legally separated or unmarried.  Therefore, it is not an affirmative defense if the accused is legally separated but the other party to the conduct is still married.  It is an affirmative defense if the accused is legally separated and the other party is unmarried.    

Defense of Mistake of Fact. 

Since one of the elements to the offense Extramarital sexual conduct requires the government to prove that, at the time, the accused knew that the accused or the other person was married to someone else, the defense of Mistake of Fact may apply.  In order for Mistake of Fact to apply as a defense, the accused would have to show they had an honest and reasonable belief either that the accused and the co-actor were both unmarried or legally separated, or that they were lawfully married to each other.  If the defense of Mistake of Fact is raised by the defense, then the burden of proof is on the government to establish that the accused’s belief was unreasonable or not honest.  

Military Law Center understands the nuances of building a strong defense against Article 134 charges.  During your free consultation, we’ll carefully analyze the details of your situation and explore all potential defenses to minimize the impact on your military career.

An Article 134 accusation can have devastating consequences for your military career and reputation. The potential for a Dishonorable Discharge, confinement, and other penalties can leave you feeling overwhelmed and uncertain about the future.

At Military Law Center, we understand the complexities of Article 134 cases, including the recent changes regarding legal separation as a defense. Our team of experienced military defense attorneys will fight aggressively to protect your rights and minimize the impact on your military future.

At Military Law Center, we understand the unique challenges service members face in these situations. Our team of experienced military defense attorneys has a proven track record of success in defending clients against Article 134 charges. Here’s what sets us apart:

• Deep Expertise in UCMJ Article 134:
  Our attorneys stay up-to-date on the latest changes to Article 134, including the new legal separation defense. We thoroughly understand the prosecution’s strategy and can develop a tailored defense plan to address the specifics of your case.
• Relentless Advocacy:
  We are committed to fighting tirelessly on your behalf throughout the entire legal process. We’ll explore all available defense options, including mistake of fact and legal separation, and work aggressively to achieve the best possible outcome.
• Proven Results:
  We have a successful track record of helping service members facing Article 134 charges. Let our experience work for you.
• Free Consultation:
  We understand the financial burden associated with legal matters. That’s why we offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Military Law Center Is Ready to Help You – Right Now.

Don’t face Article 134 charges alone. Contact Military Law Center today for a free consultation. We’ll stand by your side and fight for you.

Call us Today – (760) 536-9038