Cheating on your spouse while serving in the military can potentially lead to jail time depending on the circumstances. The Uniform Code of Military Justice (UCMJ) has rules against adultery that can be punishable under military law. However, whether or not jail time is a potential punishment depends on several factors.
What constitutes adultery under the UCMJ?
According to Article 134 of the UCMJ, adultery is defined as follows:
- A service member having sexual intercourse with someone other than their spouse.
- A service member having sexual intercourse with someone who is married to someone else.
Both parties involved can be charged with adultery under military law. The marital status of the service member does not matter. A married service member having an affair with an unmarried person can still be charged with adultery.
Potential punishments for adultery in the military
If a service member is charged and convicted of adultery under the UCMJ, the punishments can include:
- Dishonorable discharge
- Forfeiture of pay/allowances
- Reduction in rank
- Confinement (jail time)
The maximum potential punishment includes dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year. However, the punishment given depends on the specific circumstances of the case.
Factors affecting potential punishment
Several factors come into play that affect how harshly adultery is punished under military law:
- The rank of the accused – higher ranking offenders typically receive harsher punishments
- Whether the affair was an isolated incident or an ongoing relationship
- Whether the adulterous act occurred on duty or with a subordinate
- Whether the affair brought discredit upon the military
- Whether the affair resulted in pregnancy or spread of disease
- Whether there was a negative impact on military readiness or performance
Adultery that is more egregious based on these factors is more likely to be punished on the harsher end of the range. More minor, one-time offenses may receive lighter punishments like a reduction in rank.
How often is jail time given as punishment?
Although jail time is a potential punishment, adultery cases resulting in confinement are relatively rare. Some statistics on adultery convictions and punishments include:
- In 2020, there were 144 total adultery prosecutions across all military branches. 60 resulted in courts-martial charges being preferred.
- From 2015-2017, 74 Navy cases for adultery led to courts-martial. Only 4 resulted in jail time as punishment.
- A 2013 analysis found that over the prior decade, 96-97% of military members charged with adultery received non-jail punishments.
While jail time can be imposed, the statistics show that most adultery cases tend to result in punishments like rank/pay reduction rather than confinement.
Table showing adultery prosecution statistics
| Year | Total Adultery Prosecutions | Courts-Martial Charges Preferred |
|---|---|---|
| 2020 | 144 | 60 |
| 2015-2017 Navy Cases | 74 | 4 resulted in jail time |
What leads to jail time in adultery cases?
Looking at recent cases can provide some insight into what types of circumstances resulted in confinement as punishment for adultery in the military:
- In 2015, a Navy commander was sentenced to 3 years confinement for filming himself having sex with subordinate officers’ wives.
- In 2013, an Army general was sentenced to 20 months confinement for having a 3-year affair and misusing government resources to carry out the affair.
- In 2012, an Air Force staff sergeant was sentenced to 6 months confinement for adultery with a subordinate airman’s spouse.
Based on these cases, jail time tends to be imposed in situations where:
- There was abuse of power/rank in the affair.
- The affair was particularly egregious/discrediting to the military.
- Significant military resources were misused to facilitate the affair.
One-time, lower-profile affairs between equal-ranking members are less likely to result in jail time.
Table showing recent adultery cases with jail time
| Year | Offender Rank | Details of Affair | Punishment |
|---|---|---|---|
| 2015 | Navy Commander | Filmed sex with subordinate officers’ wives | 3 years confinement |
| 2013 | Army General | 3-year affair, misused resources | 20 months confinement |
| 2012 | Air Force Staff Sergeant | Affair with subordinate’s spouse | 6 months confinement |
What are the odds of going to jail for adultery?
Given the relative infrequency of jail time being imposed for adultery, the odds are low that a military member will receive confinement as punishment, even if convicted. Based on available data:
- Estimated only 3-4% of all adultery cases end up with jail time based on recent statistics.
- Jail time is very unlikely for one-time affairs between equal ranking members.
- Higher odds (10-30%+) for confinement if aggravating factors like abuse of power/resources.
- General officers or senior enlisted personnel face higher odds due to higher expectations.
Table estimating odds of jail time for adultery
| Type of Adulterous Affair | Estimated Odds of Jail Time |
|---|---|
| Isolated affair between equal-ranking members | Less than 5% |
| Ongoing affair or with subordinate | 10-30%+ |
| General officer or senior enlisted | 30%+ |
| Egregious circumstances like abuse of power | 30%+ |
What are some defenses against an adultery charge?
While being charged with adultery can be difficult to completely avoid punishment, there are some potential defenses that can help mitigate penalties:
- No proof of intercourse – Requires evidence of sexual intercourse beyond reasonable doubt
- Civilian/unidentified partner – Harder to prove if partner not in military
- Affair while separated – May be defense if pending divorce/separation
- False confession – Can potentially claim confession of affair was false
- Good military character – Service record and character witnesses can help
While not guaranteed to avoid all punishment, these factors may convince a court to impose lighter sentences for adultery charges.
Table summarizing potential defenses against adultery charges
| Defense | How It Can Help |
|---|---|
| No proof of intercourse | Raises reasonable doubt |
| Civilian/unidentified partner | Harder to prove specifics |
| Affair while separated | May not qualify as adultery |
| False confession | Discredits prosecution evidence |
| Good military character | Mitigates sentencing |
What are the consequences besides legal punishment?
In addition to formal punishments under the UCMJ, committing adultery can have other significant consequences for military members:
- Loss of security clearance – Can happen even without conviction
- Administrative discharge – Potential for other-than-honorable discharge
- End of military career – High probability of discharge/resignation
- Impact on personal/family life – High risk to marriage and relationships
- Reputational damage – Loss of respect/trust from others in military
These informal consequences can be just as damaging as formal punishments. Losing a security clearance or being forced to resign ends a military career. Divorce and family estrangement causes major personal issues. Being seen as lacking integrity can prevent future promotions.
Conclusion
Adultery is taken very seriously under the UCMJ and can end military careers. However, going to jail is a relatively rare outcome for most adultery cases in the military justice system. While technically possible as a punishment, jail time is generally reserved for the most egregious cases involving abuse of power or discredit to the armed forces. For more routine cases between equal members, reductions in rank or pay are the most likely outcomes rather than confinement. But any service member charged with adultery can expect major professional and personal consequences beyond just legal punishments.