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**imnaone** · 02-25-2006, 04:45 PM

Here is the troublesome part ...

... The charges indicate the soldiers' behavior is ''a much more serious matter than just their sexual orientation,'' said Steve Ralls, a spokesman for Servicemembers Legal Defense Netowrk, a legal group that helps gays and lesbians in the military.

''I'm not going to make excuses for service members who are taking part in sexual conduct for money,'' said Ralls. ''It would be absolutely criminal regardless of whether they were heterosexual or gay.''

Perhaps the behavior that is charged is "absolutely criminal" in terms of military law. But even so, I don't know that I'd want an attorney purportedly working for my DEFENSE making such a comment to the press.

And what about the charges ...

It seems that under the Uniform Code of Military Justice the "pandering" charge ( Article 138-34 Pandering and Prostitution http://usmilitary.about.com/od/punit...s/a/134138.htm ) would cover just about anything from buying your date a cocktail before sex to sending a bouquet of flowers afterwards -- or the outright payment of cash for consensual sex.

Not certain what the actual "acts" that these paratroopers were involved in, but it seems, given the law, that even a solo act of masturbation on this pay-for-view website could fall under the criminal charges.

The sodomy charges ( Article 125—Sodomy http://usmilitary.about.com/od/punit...s/a/mcm125.htm ) seem to be more specific and problematic for the paratroopers involved.

Despite the 2003 Supreme Court ruling regarding the de-criminalization of sodomy for the general public ( http://www.sodomylaws.org/lawrence/lawrence.htm ) the Military still has anti-sodomy regulations covering consenting adults ( "other cases" below) with fairly draconian punishment:

Maximum punishment.
(1) By force and without consent. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.

(2) With a child who, at the time of the offense, has attained the age of 12 but is under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.

(3) With a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.

(4) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

02-25-2006, 04:45 PM	#2
imnaone Join Date Oct 2005 Posts 365 Senior Member	*Here is the troublesome part ...* ... The charges indicate the soldiers' behavior is ''a much more serious matter than just their sexual orientation,'' said Steve Ralls, a spokesman for Servicemembers Legal Defense Netowrk, a legal group that helps gays and lesbians in the military. ''I'm not going to make excuses for service members who are taking part in sexual conduct for money,'' said Ralls. ''It would be absolutely criminal regardless of whether they were heterosexual or gay.'' Perhaps the behavior that is charged is "absolutely criminal" in terms of military law. But even so, I don't know that I'd want an attorney purportedly working for my DEFENSE making such a comment to the press. And what about the charges ... It seems that under the Uniform Code of Military Justice the "pandering" charge ( Article 138-34 Pandering and Prostitution http://usmilitary.about.com/od/punit...s/a/134138.htm ) would cover just about anything from buying your date a cocktail before sex to sending a bouquet of flowers afterwards -- or the outright payment of cash for consensual sex. Not certain what the actual "acts" that these paratroopers were involved in, but it seems, given the law, that even a solo act of masturbation on this pay-for-view website could fall under the criminal charges. The sodomy charges ( Article 125—Sodomy http://usmilitary.about.com/od/punit...s/a/mcm125.htm ) seem to be more specific and problematic for the paratroopers involved. Despite the 2003 Supreme Court ruling regarding the de-criminalization of sodomy for the general public ( http://www.sodomylaws.org/lawrence/lawrence.htm ) the Military still has anti-sodomy regulations covering consenting adults ( "other cases" below) with fairly draconian punishment: *Maximum punishment.* (1) By force and without consent. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. (2) With a child who, at the time of the offense, has attained the age of 12 but is under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. (3) With a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. *(4) Other cases.* Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
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