Manual Military

Manual Military

Can a civilian be prosecuted for having consensual same-sex sexual activity with someone from the military?

I heard of a case where a man invited these navy guys over to his house and they all partied, got drunk together, and had consensual sexual activity. I don't know how true it is and don't remember whether the military men were reprimanded but the civilian man was supposed charged with a federal offense. It seemed made out to be like the man was the perpetrator and the young navy men were his victims somehow taken advantage of. I don't think they were drugged. I am a civilian. There is a man from the navy who I may end up dating. If we have sex could I be sent to prison? What about him. I know the military still has a sodomy law unlike the rest of the U.S. He said that it said somewhere in the manual that military personel were only allowed to have missionary style sexual intercourse with someone of the opposite gender. I don't know whether they have to be married or not.

The case you heard of was not a case of consensual sexual activity, but of homosexual rape. Consensual homosexual activity is not criminal in most states (I don't know where you live, so can't get more specific-- some states do still have sodomy laws on their books, although they're rarely if ever enforced).

If you as a civilian were to have consensual sex with a Sailor, you could not be charged with a federal crime-- there is no federal law against consensual sodomy. The Sailor, if your relationship became public, could find himself being forced out of the Navy under the "Don't Ask, Don't Tell" regulations, and would probably receive a "General Under Honorable Conditions" discharge.

There are laws, under the Uniform Code of Military Justice, that would apply to him but not to you, and they do include the prohibition of sodomy. The UCMJ does not say anything about the missionary position regarding heterosexual activity, but adultery is illegal under the UCMJ.

Sexual intercourse is considered to have taken place under the UCMJ when there is "any penetration, however slight".

I hope this information is helpful. I don't support sexual activity outside of marriage, but you didn't ask (and probably don't care) about my personal beliefs or feelings. However-- and this is serious-- you need to be very careful to remember that this is a very unequal relationship. Medical risks aside (and I assume you know about those and how to deal with them-- this is not the forum for such things), you have to remember that he's risking both his career and very public humiliation in front of his professional peers-- you're not. If you care about him, keep that in mind. If you don't, don't date him.