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Military rape is a serious offense in the Armed forces. It is not taken casually by the military. A guilty soldier can face multiple charges like loss of rank, dishonorable discharge, prison, as well as a felony conviction that will follow them even after they leave the military. This article provides answers to some of the most commonly asked questions about issues related to this. If a soldier is acquitted by civilian court for rape by citing no penetration as defense, can the USMC charge him with adultery?
If you were acquitted by a civilian court due to the no penetration line of argument, you should defend yourself using that in case you are charged with adultery. To commit adultery, you need to have sexual intercourse for which penetration is essential. Without penetration it is not possible to have sex and without sex any charge of adultery will not hold. The military, though not common, could prosecute you for adultery if you admit to sex even though it might be consensual. If you were in a drunken state during the incident, there could be other charges slapped on you, along with fraternization, if the solider was a junior under your command. Can a soldier get a rape charge removed from the record? He got an honorable discharge after being sentenced in a court martial.
Charges like these can be “removed” only by appealing the case and if there is no trial reset, thereby setting aside the conviction. In a case of court martial, there is no provision for removal. A charge like this is a felony conviction and it will not be removed from the NCIC. If a long time has passed since the conviction, you may pray for a Presidential pardon. Five years after conviction you may ask for a pardon provided you have fulfilled all the requirements of the conviction namely, jail time, fines, counseling and/or parole. You will also have to be registered as a sex offender as part of the requirements from the Department of Defense. Presidential pardons are not the norm for such convicts. In case the NCIC shows that an old charge of rape is still not removed, how can the individual get it corrected or updated?
Firstly, you have to fill out a Freedom of Information Act form and make the request to the Air Force Office of Special Investigation (AFOSI). In that you should request them to either rectify or update the information on your case. After a few days, check the latest status on the NCIC. If it is still listed there as a conviction, you may contact the AFOSI office and tell them that Art. 15 is not a conviction and the status be updated accordingly. If someone in the Air Force is a victim of same sex rape, can they sue the military for the physical and emotional trauma resulting from the rape?
The Feres doctrine debars any active duty member from suing the military due to injury. However, yours is a fit case for VA benefits. Since your emotional issue was an outcome of something that happened during your active duty in the military, the VA benefits will take care of the medical needs as well as provide you with monthly compensation checks. You may apply for it at a VA clinic close to your area. The DAV or VFW will help you filling out the required forms without any cost. Rape in the military is considered a serious crime and can be devastating for the victim and effectively end the career of the perpetrator. There are provisions for severe penalty for rape in the military. However, at times a soldier could be falsely accused of rape and implicated in a false case. If you happen to be falsely charged with rape and are at a loss as to what to do, it is advisable to ask a military lawyer to decide the best course of action and act accordingly.
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