A court case involving Jason Fleming, a 29-year-old man from Sterling recently caught my attention. A former U.S. Army sergeant, Fleming was court-martialed for having sex with a subordinate female officer.
Though the sex was consensual and the woman implicated was older than 21, military law considers the act “forcible” as both parties were under the influence of alcohol. Fleming was convicted in military court, but now has to live as a sex offender in the civilian world.
The designation is an unfortunate clash between military and New York state laws. Consensual sex between adults is not illegal in New York, whether alcohol is involved or not. However; all sexual offenders must be placed on the state registry, including military offenses.
The risk level assigned to Fleming will place him on the registry for the next 20 years, a harsh penalty for a one-night tryst.
I find the case interesting, particularly because it exposes the tight hold the military has on the men and women of the armed forces. Under the “Uniform Code of Military Justice,” Article 125 prohibits any sexual activity loosely defined as being “unnatural.”
Article 134 is a general catch-all, known to enlisted men and women as “write your own law” or the “don't be stupid” article. Also loosely written, Article 134 applies to any offense considered to “disrupt the discipline of” or “bring shame to” the military.
Under these articles, Fleming was judged more severely than he would be by any state court system. I don't deny that the military has a right and a need to take disciplinary action within the service. But this is a young man who had a few drinks and had sex with a consenting adult.
Granted, I don't have all of the particulars in this case. But from what I can gather, Fleming's status as a sex offender was upheld by the court, regardless of the disparity between how the state and the military defines “forcible.”
If anything, I feel that the penalty should address the reckless use of alcohol by both parties, considering that there were no charges brought against Fleming by the woman involved.
I suppose I'm just sympathetic because life in the military isn't anywhere near as glamorous as the recruiters or commercials portray.
Bottom-line: for Fleming to be registered alongside pedophiles, child-pornographers and rapists, is ludicrous.
Estabrook's column appears Mondays and she can be reached at estabrookcarole@yahoo.com
The designation is an unfortunate clash between military and New York state laws. Consensual sex between adults is not illegal in New York, whether alcohol is involved or not. However; all sexual offenders must be placed on the state registry, including military offenses.
The risk level assigned to Fleming will place him on the registry for the next 20 years, a harsh penalty for a one-night tryst.
I find the case interesting, particularly because it exposes the tight hold the military has on the men and women of the armed forces. Under the “Uniform Code of Military Justice,” Article 125 prohibits any sexual activity loosely defined as being “unnatural.”
Article 134 is a general catch-all, known to enlisted men and women as “write your own law” or the “don't be stupid” article. Also loosely written, Article 134 applies to any offense considered to “disrupt the discipline of” or “bring shame to” the military.
Under these articles, Fleming was judged more severely than he would be by any state court system. I don't deny that the military has a right and a need to take disciplinary action within the service. But this is a young man who had a few drinks and had sex with a consenting adult.
Granted, I don't have all of the particulars in this case. But from what I can gather, Fleming's status as a sex offender was upheld by the court, regardless of the disparity between how the state and the military defines “forcible.”
If anything, I feel that the penalty should address the reckless use of alcohol by both parties, considering that there were no charges brought against Fleming by the woman involved.
I suppose I'm just sympathetic because life in the military isn't anywhere near as glamorous as the recruiters or commercials portray.
Bottom-line: for Fleming to be registered alongside pedophiles, child-pornographers and rapists, is ludicrous.
Estabrook's column appears Mondays and she can be reached at estabrookcarole@yahoo.com
The Citizens' Say
There are 9 comment(s)
bizzaro-world wrote on Jun 16, 2008 11:21 AM:
dan w wrote on Jun 13, 2008 2:04 PM:
madmax80 wrote on Jun 13, 2008 11:20 AM:
horseradish wrote on Jun 13, 2008 10:33 AM:
Facts08 wrote on Jun 13, 2008 10:11 AM:
brew1234 wrote on Jun 12, 2008 11:37 PM:
Brian33908 wrote on Jun 11, 2008 12:27 PM:
karl wrote on Jun 9, 2008 3:50 PM:
However, it is not impossible to understand.
The most primal, instinctive impulse in Human Beings is the Sexual urge--and anyone who can control or manipulate that-including Religions--can control the individual.
What a ridiculous, retarrded mentality we have concerning Sex in some of American culture! "
brew1234 wrote on Jun 9, 2008 12:35 PM: