11-09-2011, 01:51 AM
I've been in a similar circumstance as Joe which is why I can understand his predicament.
Once I had a Marine under my charge who was under suspecion of rape. A not-so-honorable Marine was getting out and we had requested to speed up the process because he was a problem. Two days before he was to get out it was brought to my attention he was under investigation by civilian authorities for statutory rape with a 13-yr old (she had consented but was not of consenting age).
Now here was my dilemma. I could have charged him with rape. Being an Officer I do have that power. Also I could have delayed his getting out of the Marine Corps. Now don't get me wrong, this Marine was of poor character and I thought the charges were credible.
What I did is instead of charging him, instead of calling the base Provost Marshall, I instead informed my chain of command. They initiated a Preliminary Investigation (it determined he probably did it but recommended no charges for lack of evidence/victim cooperation). I gave the Marine a direct order to submit to a DNA test to civilian authorities (he could have refused and forced the civilian authorities to get a military warrant which takes about an hour).
Now you could say I should have done more. You could say I should have terminated his ability to get out of the Marine Corps. I could have held him under suspicion in the brig. In the end, it turned out it wasn't that Marine who had sex with the young girl, it was his civilian roommate.
Had I taken any of those actions other than what I did I would probably have come under charges of harassment, conduct unbecoming, and Art 134 General Article. My livelihood and the life of my family would have been put in jeopardy. After dismissal from the Marine Corps I could then have been sued in civilian court for defamation/harassment. It was only because I took actions that were both appropriate and warranted that when that (by this point no longer) Marine was adjudicated and declared innocent he had no recourse against the government or myself.
Once I had a Marine under my charge who was under suspecion of rape. A not-so-honorable Marine was getting out and we had requested to speed up the process because he was a problem. Two days before he was to get out it was brought to my attention he was under investigation by civilian authorities for statutory rape with a 13-yr old (she had consented but was not of consenting age).
Now here was my dilemma. I could have charged him with rape. Being an Officer I do have that power. Also I could have delayed his getting out of the Marine Corps. Now don't get me wrong, this Marine was of poor character and I thought the charges were credible.
What I did is instead of charging him, instead of calling the base Provost Marshall, I instead informed my chain of command. They initiated a Preliminary Investigation (it determined he probably did it but recommended no charges for lack of evidence/victim cooperation). I gave the Marine a direct order to submit to a DNA test to civilian authorities (he could have refused and forced the civilian authorities to get a military warrant which takes about an hour).
Now you could say I should have done more. You could say I should have terminated his ability to get out of the Marine Corps. I could have held him under suspicion in the brig. In the end, it turned out it wasn't that Marine who had sex with the young girl, it was his civilian roommate.
Had I taken any of those actions other than what I did I would probably have come under charges of harassment, conduct unbecoming, and Art 134 General Article. My livelihood and the life of my family would have been put in jeopardy. After dismissal from the Marine Corps I could then have been sued in civilian court for defamation/harassment. It was only because I took actions that were both appropriate and warranted that when that (by this point no longer) Marine was adjudicated and declared innocent he had no recourse against the government or myself.
"I’m not going to cry over it. I already did that on the way home." - Michael Scott