"Ei Incumbit Probation Qui Dicit."

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

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Article 134 - Pandering and Prostitution

This article deals with incidents where a service member is found to have engaged in sexual relations with another for financial gain or other benefits; or offered financial gain to another to engage in such relations with him. This article also deals with incidents where the accused has engaged in pandering which means that he has gained financially or in other ways to facilitate the commission of sexual intercourse between others.

In pandering cases, it is important to note that three people have to be involved in the incident. Where only two persons are involved, these incidents may fall under the heading of 'solicitation' rather than 'pandering'. Both male and female service members can be accused of prostitution or pandering with a view to facilitating sexual relations/ sodomy between others in exchange for monetary or other gain.

In light of the recent crackdown on sexual assault cases within the ranks of the army this UCMJ article section gains great importance. It is important to note that this section deals with incidents where financial reward or other reward is either received by the accused or given by him to another in exchange for carrying out a sexual act.

There are four situations covered under this heading and their critical components are as follows:

a) Prostitution

Elements:

  • That at a specific time and place, the accused was involved in sexual intercourse with a person other than his spouse
  • That this act was done with the objective of receiving monetary reward or any other kind of benefit
  • That the accused's act was wrongful
  • That given the circumstances, this act was against the discipline and good order expected from members of the armed forces; or this act discredited the armed forces

b) Patronizing prostitutes

Elements:

  • That at a specific time and place, the accused was involved in sexual intercourse with a person other than his spouse.
  • That the accused enticed, compelled, induced or procured the person by offering money or other compensation to carry out this act with him.
  • That the accused's act was wrongful.
  • That given the circumstances, this act was against the discipline and good order expected from members of the armed forces; or this act discredited the armed forces.

c) Pandering by enticing, inducing, procuring prostitution

Elements:

  • That the accused enticed, compelled, induced or procured a specific person to carry out sexual intercourse by offering money or other compensation to carry out this act with persons to be directed by the accused.
  • That the accused's act was wrongful.
  • That given the circumstances, this act was against the discipline and good order expected from members of the armed forces; or this act discredited the armed forces.

d) Pandering by making arrangement for sodomy or sexual intercourse or receiving compensation for making such arrangements

Elements:

  • That the accused made arrangements for; or received compensation/ consideration for making arrangements for a certain person to engage in sexual relations or sodomy with another.
  • That the accused's act of making arrangements and getting compensation was wrongful.
  • That given the circumstances, this act was against the discipline and good order expected from members of the armed forces; or this act discredited the armed forces.

Maximum Punishment

If the accused is found guilty of prostitution or patronizing a prostitute, he faces maximum punishment of forfeiture of all allowances and pay, dishonorable discharge and 1 year's confinement. If the accused is found guilty of pandering, he faces maximum punishment of forfeiture of all allowances and pay, dishonorable discharge and 5 years confinement.

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