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-   -   Has DADT repeal effected how you poly? (http://www.polyamory.com/forum/showthread.php?t=10995)

swingers 06-15-2011 04:25 AM

Has DADT repeal effected how you poly?
 
Since the Repeal of DADT, there has been a mandatory "Brief" date that the DOD must Brife all of its people by before it actually instates parolell policies that replace the old one. In my own briefing, the question of swinging, poly, and kink came up and the SGT holding the briefing basically said that "Adultery is still a crime". so thoes BI men and women that are married must still practice in secrecy.

Do you think this will ever change? Will we ever be in an America where our armed forces can practice their lifestyle without stigma and legalities? I long for the day that i saw in starship troopers and Supernova where men and women are mature enough to shower together with respect for eachother. i forsee the oposite coming ahead, 6 seperate showers for the 6 different sexual orientations, omitting trany of course because i dont think the military will ever accept them either.

i know i was basically free wrighting and i got a couple different topics in there, but what do you think?

Quath 06-15-2011 05:21 AM

I have a security clearance and I was wondering if my poly lifestyle would be a problem. I found a memo on this. It basically said that swinging, kink, homosexuality and adultery in itself would not disqualify a clearance. That is unless the person was hiding it and could be blackmailed. I thought that was pretty enlightened. So that gives me some hope.

swingers 06-15-2011 05:43 AM

wow, thats cool, an you post that memo? im curious as to where it originated. also, can the military charge you with anything if they found a personal you and your spouse posted on an alternatave lifestyle sight?

transitapparent 06-15-2011 06:40 AM

Quote:

Originally Posted by swingers (Post 86537)
wow, thats cool, an you post that memo? im curious as to where it originated. also, can the military charge you with anything if they found a personal you and your spouse posted on an alternatave lifestyle sight?

it's hard to say. adultery is punishable under the UCMJ but it seems like the spouse would have to be the one to bring it up the chain. I may be wrong though.

RfromRMC 06-15-2011 12:45 PM

Quote:

Originally Posted by swingers (Post 86515)
In my own briefing, the question of swinging, poly, and kink came up and the SGT holding the briefing basically said that "Adultery is still a crime". so thoes BI men and women that are married must still practice in secrecy.

OK, isn't adultery a civil offense, not a criminal one? I.e, someone could sue you for divorce, but if you're in an agreed open marriage, it's not considered adultery? (I admit I'm not legal expert here!)

Quath 06-15-2011 01:42 PM

Quote:

Originally Posted by swingers (Post 86537)
wow, thats cool, an you post that memo? im curious as to where it originated. also, can the military charge you with anything if they found a personal you and your spouse posted on an alternatave lifestyle sight?

I wish I could remember where I found it. It was about 6 years ago. I want to say it was for a Navy clearance but I don't really remember. (I just remember that it wasn't quite the same branch of government I got my clearance through, but I was hoping that the guidance was the same.

It didn't address what happens with my employer finding out I am into a poly lifestyle. I have a friend who was accused of having an adulterous affair with some guy associated with our work. This guy was heavily questioned based on this rumor. My friend only heard about afterwards. Her boss didn't want to tell her because he thought the whole affair (pun intended) was a ridiculous thing to worry about. Since nothing happened and the only "proof" was someone speculating, nothing happened. But I wonder what would have happened if she had had sex with that guy.

transitapparent 06-15-2011 05:10 PM

Quote:

Originally Posted by RfromRMC (Post 86579)
OK, isn't adultery a civil offense, not a criminal one? I.e, someone could sue you for divorce, but if you're in an agreed open marriage, it's not considered adultery? (I admit I'm not legal expert here!)

military doesn't look at it that way. you're either married or you're not.

swingers 06-15-2011 06:23 PM

under UCMJ, Adultery is a court marshal punishable offence, and since UCMJ goverens us in uniform under the DOD, so it would be considered a Federal offence to comit adultery.... am i correct?

all im saying is, with DADT repealed. it is easier for the SINGLE (by civil and military deffinition) service members to practice polyamory. but do you think they will ever loosen the deffinition of adutery to only includ incidentses that were not consentual by all partners and spouses involved? the military would probably require some kind of memo or contract stating that the married couple is in a non-monogomous relationship freely and consentually.

Derbylicious 06-15-2011 09:24 PM

Quote:

Originally Posted by RfromRMC (Post 86579)
OK, isn't adultery a civil offense, not a criminal one? I.e, someone could sue you for divorce, but if you're in an agreed open marriage, it's not considered adultery? (I admit I'm not legal expert here!)

United States

In the United States, laws vary from state to state. In those states where adultery is still on the statute book (although rarely prosecuted), penalties vary from life sentence (Michigan),[54] to a fine of $10 (Maryland), to a Class I felony (Wisconsin).[55] In the U.S. Military, adultery is a potential court-martial offense.[16] The enforceability of adultery laws in the United States is unclear following Supreme Court decisions since 1965 relating to privacy and sexual intimacy of consenting adults.[56] However, occasional prosecutions do occur.[57]

Admittedly this is just from Wiki and might be totally out to lunch but it is interesting never the less.

transitapparent 06-15-2011 09:47 PM

adultery is actually a sub chapter of article 134 which is the "general article" or catch all.

Adultery, as a military offense, is difficult to prosecute (legally) for several reasons.

There are three "Elements of Proof" for the offense of Adultery in the Military:

(1) That the accused wrongfully had sexual intercourse with a certain person;

(2) That, at the time, the accused or the other person was married to someone else; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Element #2 is usually pretty easy for the government to prove. There is normally sufficient written evidence to prove whether or not someone is legally married. (Many folks will be surprised to learn that in the military, a single person can be charged with the crime of adultery).

Element #1 can be very hard to prove. Remember, a court martial (like civilian court) requires *proof* beyond a reasonable doubt. Proof of sexual intercourse normally requires photographs, a confession of one of the parties involved, an eye-witness, or other legally admissible proof. (The mere fact that someone stayed over at another individuals house, or even slept with them in the same bed is not proof of sexual intercourse.
Element #3, in many cases, can be the most difficult item to prove. The government must show that the individual's conduct had some direct negative impact on the military. This normally would include cases of fraternization (officer & enlisted) or a relationship with another military member, or a military spouse.


http://usmilitary.about.com/od/justi...a/adultery.htm


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