RE: http://www.military.com/NewsContent/0,13319,150705,00.html

Sad part, there are those (old ones mainly), who think that the wife should be charged with not obeying the UCMJ...

And just how did you come to that conclusion, Brainstein? Any spouse worth their salt knows that they are subject to the laws and regulations of the command, but not the UCMJ.

No means No, otherwise it is Rape...no matter how you look at it...No means No...what is
more clearer than this...

quote:

Originally posted by gpgo:
No means No, otherwise it is Rape...no matter how you look at it...No means No...what is
more clearer than this...

I'm not for this guy what-so-ever, but if I recall the UCMJ defines rape as occruing on "Someone OTHER THAN YOUR WIFE." I always thought that was strange. Not sure if it's still the case.

quote:

Originally posted by gpgo:
No means No, otherwise it is Rape...no matter how you look at it...No means No...what is
more clearer than this...

Roger that!
But, I think there is more going on here then what appears at first glance. This whole thing with her not getting along with the step kids & wanting to skidadle, kinda feels as if she saw an easy way out. Though I could be wrong.

This is Conduct Un-becomming of a United States Marine Corps Officer.! WTF is going on here... He needs to be stripped of his commission and sent to prision. NO ONE has any right to RAPE.

It has nothing to do with step kids, or non compliance to any orders or command.....

He's a POS and justice should be swift.

poconnor71 was right - the UCMJ did define rape as non-consensual sex with a person other than the spouse. However, I recall that in '96 or '97, there was a group of JAGs tasked with researching and recommending changes to the Code to Congress. I know that was a high profile desired change since the UCMJ was the last criminal code in the US that excluded non-consensual sex with your spouse as rape.

I'd think that many of the allegations here could have been charged separately as conduct unbecoming, but it's hard to tell from the story.

Whatever, it sounds like he is a scumbag.

How long are those accompanied tours in Oki?
This boy should have been sent home for appropriate treatment; medical, mental or desciplinery long before 2007. Where were the other wives. I thought the OffWivesClubs had set up a program to help in heading off family violence. Adios there "Skippy"...rape, is rape, is rape.
Something else for the media to paint the military community with.
Sergeant Major

After reading the article, if I was the accused (husband) I would opt for a polygraph test... They're not 100% but if he is telling the truth, it sure wouldn't hurt, would it?

This (to me) has all the makings of "She said, He said..."

he said, she said...exactly right.
Her not reporting it for 8 days, and sleeping in the same bed until she reported it, wanting to get away for step kids or whatever...
And he signing a statement saying sorry and i should have stopped..
fishy stuff... but if it was indeed rape, then kick him the hell out and into a cell

If he did what they allege,....punish! It sounds like his wife may be a ding-a-ling however,....I have seen similar situations before, where the wife will make love to her man,...especially after an arguement,...then report it. Normally, they report it immediately, so evidence will be present,...NOT 8 day later.

quote:

Originally posted by JimSorber:
And just how did you come to that conclusion, Brainstein? Any spouse worth their salt knows that they are subject to the laws and regulations of the command, but not the UCMJ.

Umm, was that too me? If so you did notice how I said "the sad part is"... I never wrote that I think that way or thay spouses do...Just the 400 year old veteran who says "it's not my army...that's for sure..."

Why is it that just because the wife (or child or girlfriend) says it happens it is assumed that it really happened?

I HAD (yes had) a friend I grew up with. All he wanted to be was a teacher. He worked hard. and got a job teaching JR High English.
I went into the Navy. We kept in touch over the years and got together when I went back home for leave.
About 10-11 yrs ago he was arrested for " Molesting" 2 girls in his class. Before he even went to trial he was fired from his job, branded as child molester by friends and neighbors. His wife left him and he could get no job to make his house payment. The trial lasted less then 1 mos. (took about 1 1/2 yrs to go to trial)
I was the only one who believed that he didn't do it while everyone else said " He had to do it. Why would these girls lie about something like this"
Well it only lasted a month because it was found out that the girls lied about what happened to get even for a failing grade that he was going to give them.
6yrs ago he took his life. Yes,the charges were dropped. But his life was ruined and he couldn't handle it no more.
So I don't take what people say about rape and molestation at face value anymore. Could it have happened...Yes.

But I'm now to the point were I want proof if it happened.

HTMC, that is f-ed up, and I want to say I'm sorry about your friend. Did those two girls/women get ANY punishment? Did his wife, family, etc, feel ANY remorse, shame, did they ever apologize? Too many courts go soft on women for stuff like alimony, child custody, etc, but false rape/molestation accusations destroy a man. How is it that he wasn't able to sue them for slander/defamation, etc? I love this country, but our legal system needs to cowboy the f--- up. Thousands or millions of dollars are rewarded to individuals who are at best, inconvenienced in their lives by another person, or event, i.e. hot coffee in a woman's lap, a husband cheats on his wife so that entitles her to his money and property, hell, Jessica Alba sued Playboy for putting her on a cover! These people ALL win, and it's not like they were hurt that bad! They want to see what real pain is, visit Walter Reed, a VA hospital or an OR in Iraq.

Sounds like bs by a selfish wife looking for an easy way out. Just by waiting that long to report it? Not to mention she has motive to lie about it (she wanted out of the marriage and away from the teenage kids) Not to mention she was on an overseas tour with her husband those can be hard on spouses. A similar situation happened in Friedberg,Germany to a NCO in our company. His wife accused him of rape, he was reprimanded by command with no investigation or anything , he was about to be shipped back stateside for a Court Martial, then his wife broke down and told the MP's ,(i guess after fully recognizing what she was about to do to her husband)during questioning that she had made it up, not only did she make it up but she was sleeping with another military spouse from another post, and by accusing her husband of rape she thought that was the only way for her and the other individual to be together. Well she got shipped back stateside and never heard anything about it after that. I am just saying dont buy into the whole "Rape" card without knowing all the facts and definetly not without an extensive investigation into her claims.

Don't know what to think. If it's true, then he deserves the punishment. Stripped of Rank, and thrown in a cell! Rape is possible between spouses, no matter what the UCMJ says! If it(the UCMJ) doesn't have this changed yet, what the hell are they waiting for?

As for "Overseas Tours", when I was "in", one was sent to The Rock for 12 months. It was shortly after I rotated Stateside that they changed it to 6 months there, 6 months here(Pendleton), then finish the 2nd 6 months on Oki.

I wonder if that would've saved my first marraige.

quote:

The captain also stands accused of assaulting his wife, threatening to sexually assault her and threatening to kill her if she tried to leave the island with his child, according to court records. In addition he was charged with violating a military protective order to not see his wife except to talk to his children or discuss financial matters, and with obstruction of justice.

Most courts award custody to the mother, especially if the father is in the service. I have a hard time understanding why she would make it up. Had he went after her first... citing reasons why she was an unfit mother... I could maybe see her trumping up false claims. Looks to me that she put up with it for as long as she could, until she couldn't take it anymore. The previous restraining order doesn't seem to be working in his favor either. I'm sure she shares a part in the failed marriage, but the defense seems like they were grabbing for straws....ie... "she didn't like her stepson, therefore she said her husband raped her so she'd be granted a divorce" You don't even need a GOOD valid reason to get a divorce nowadays!

quote:

Originally posted by DIABLO_OPSGRP:
Sounds like bs by a selfish wife looking for an easy way out. Just by waiting that long to report it? Not to mention she has motive to lie about it (she wanted out of the marriage and away from the teenage kids) Not to mention she was on an overseas tour with her husband those can be hard on spouses. A similar situation happened in Friedberg,Germany to a NCO in our company. His wife accused him of rape, he was reprimanded by command with no investigation or anything , he was about to be shipped back stateside for a Court Martial, then his wife broke down and told the MP's ,(i guess after fully recognizing what she was about to do to her husband)during questioning that she had made it up, not only did she make it up but she was sleeping with another military spouse from another post, and by accusing her husband of rape she thought that was the only way for her and the other individual to be together. Well she got shipped back stateside and never heard anything about it after that. I am just saying dont buy into the whole "Rape" card without knowing all the facts and definetly not without an extensive investigation into her claims.

Normally I would agree, however if you were choked unconscious in a town that you knew played the "good old boys" card, you might be afraid to take on someone that could snap your neck...Or, she could have shot him, ending up in jail...or she could be lying...either way...

He said she said and 8 days she reports the rape. Give me a break. Trouble with the stepchild. maybe she wanted out of the marrage and pissed off at the husband. So use rape as an out maybe. UCMJ states outher than his wife it's rabe. The captain shoud be discharged F/W and thats it his days in the corps are over. Let it be.

quote:

Originally posted by Holynotsomuch:

quote:

Originally posted by JimSorber:
And just how did you come to that conclusion, Brainstein? Any spouse worth their salt knows that they are subject to the laws and regulations of the command, but not the UCMJ.

Umm, was that too me? If so you did notice how I said "the sad part is"... I never wrote that I think that way or thay spouses do...Just the 400 year old veteran who says "it's not my army...that's for sure..."

I guess it matters not, Ding-Dong. What's your point?