[bensabath]

These cases raise any number of issues regarding sex, the web, free enterprise, market-driven capitalism ...

Army Charges 7 With Having Sex on Video

New York Times
By THE ASSOCIATED PRESS
Feb. 25, 2006

http://www.nytimes.com/aponline/nati...=1&oref=slogin

RALEIGH, N.C. (AP) -- The Army has recommended that seven 82nd Airborne Division paratroopers be discharged following allegations they engaged in sex acts shown on a gay pornographic Web site.

(NOTE: Background on this -- with links -- from "Pam's House Blend" here: http://www.pamspaulding.com/weblog/2...oved-from.html )

Three soldiers face courts-martial on charges of sodomy, pandering and engaging in sex acts for money. Four others received nonjudicial punishments, according to a statement released by the military Friday.

The charges do not mention the name of the site, but the division had previously been investigating allegations that soldiers appeared on a gay pornography Web site. A spokesman for the division said the charges were a result of that investigation.

The military-themed Web site did not make any direct reference to the division or Fort Bragg, a sprawling post about 70 miles south of Raleigh.

''As far as we're concerned, it's isolated to the unit, and our investigation determined that these seven individuals were the only ones'' involved, said 82nd Airborne spokesman Maj. Thomas Earnhardt.

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.''

Earnhardt said the three soldiers charged under military law had been appointed military attorneys, but he said the lawyers would be unavailable for comment on Friday.

The three soldiers who face courts-martial are: Spc. Richard T. Ashley, Pfc. Wesley K. Mitten and Pvt. Kagen B. Mullen. The Army did not release their ages or hometowns, but said all seven paratroopers were members of the 2nd Battalion of the 508th Parachute Infantry Regiment.

An arraignment was scheduled for March 7.

The other four soldiers who received nonjudicial penalties were not identified. Their punishments included reduction to the rank of private, 45 days of restriction to the unit area, 45 days of extra duty and forfeiture of a month's pay.

The registered owner of the Web site's domain name lists an address in Fayetteville, the city that adjoins Fort Bragg. A phone number listed for the registered owner was not in service Friday, and e-mails to the owner have been regularly returned as undeliverable.

The 15,000 paratroopers of the 82nd Airborne are among the Army's most elite soldiers, having volunteered to serve in a unit that trains to deploy anywhere in the world within 18 hours.

The military's ''don't ask, don't tell'' policy states that ''homosexual orientation alone is not a bar to service, but homosexual conduct is incompatible with military service.'' Service members who violate the policy are removed from the military.

Copyright 2006 The Associated Press

[imnaone]

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.

[cajonnmu]

A comment from a Fayetteville local, posted on Huffington Post:
I'm in fayetteville, knew about this for a month (only on local media, although i am gay and dating a more discreet soldier here) but have seen the videos and know the website...

Let me tell you this is less about gay soldiers and more about how the soldiers on the lower end of the pay scale are woefully underpaid and how this city contributes to this by having a cost of living nearly double of Raliegh NC, which is much larger and only an hour away.

These porns are not sexy or thrilling, they are dirty, sleazy, amateuristic, (often bareback) and completely lacking in any of the production niceties that mainstream porn (gay and straight) are used to (gross detail: think that most participants usually get enemas as a basic preparation, and know that these boys didn't). Overall as a gay guy who digs military guys, i wouldn't get anyway near this stuff... Obviously those that did were in financial trouble, and completely demoralized...

This was not and i repeat not a case of soldiers seeking kicks and extra bucks... This is symptomatic of a sleazy city getting together with an army that is complicit in keeping soliders as low paid and high spending as possible, and how this behaivior is killing our national security. This deserves to be as big as this U.A.E. taking over our ports, but i know it will be spun as crazy horny gay guys are killing the army... just look at abu ghraib... Posted by: bebop210 on February 25, 2006 at 02:47pm
http://www.huffingtonpost.com/2006/0...o_n_16353.html

[pitoufsd]

Good point.