“For the FBI to say they found out about “adultery” would require them to prove penetration.”
Bingo!
I was appointed as the Summary Court-martial Officer for a Marine SNCO (DI) who was messing around with a permanent personnel Women Marine (WM) PFC. The DI’s wife found out about it and came on base, went to the Parade Deck where the DI was instructing his platoon and commenced to beat him. Not good!
The charges preferred by his Battalion Commander were:
1. “Adultery’ (it was supposedly common knowledge amongst the DIs that he was “intimate” with the WM).
2. Conduct Unbecoming (the “Catch All Charge”) and,
3. Improper Fraternization (with a junior Marine and necessarily an immediate subordinate).
During the course of the Summary Court I brought the WM in and questioned her about the “adultery” and ask if she had sex with the DI and in doing so, did he penetrate her (I had to prove penetration). She declined to answer stating she under advisement of her counsel to exercise her 5th Amendment Right against self-incrimination. That’s all SHE had to do and I had to find the DI Not Guilty of that charge.
I did find the DI Guilty of the “Conduct Unbecoming” and the “Improper Fraternization” Charges. I recommended to his Battalion Commander that he be reduced to the next lower grade and forfeit 1/2 base pay for 3 Months. The Battalion Commander suspended my recommended punishment for 6 months. I understand that the DI behaved himself for the 6 months and escaped the punishment.
The WM who work on base under a different command received Non-Judicial Punishment and was reduced to the Pvt and I believe forfeited some base pay.
Bottom line: yes, penetration has to be proven.
I agree with you Joe. My experience covers 24+ years, the bulk of it a chaplain, and adultery was always an add-on charge just to make the accused look bad. Other charges stuck. It is difficult to make adultery stick. You have to have the accused willing to play along, because only the Clinton’s leave behind blue dresses.