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.

Article 134 - Jumping from Vessel into the Water

Jumping from vessel into the water is an offense under the UCMJ. This offense is not mentioned anywhere in the text of Article 134, which is also called the 'general Article'. Article 134 is called the general article because it covers a large number of offenses which are not given their own Articles. You can find this offense in paragraph 91 under Article 134.

The text of statute of Article 134 says that all neglects and disorders which are adverse to the discipline and good order found in the armed forces, all conducts that can bring discredit to the armed forces and offenses and crimes that are not capital, can be punished by convening a court martial.

Elements of the offense

  • The accused leaped or jumped into the water from a vessel that was being used by the armed forces.
  • The accused's act was intentional and wrongful.
  • In these circumstances, the accused's conduct was adverse to the discipline and good order found in the armed forces or the nature of the act brought discredit to the armed forces.

Explanation of elements

'Being used by' is defined as any vessel operated by or controlled by the armed forces. The offense applies whether the act was committed on a vessel located at sea, in port or at anchor.

Maximum punishment for the offense

If a service member is held guilty of jumping from a vessel into a water, he can be punished with a bad conduct discharge, forfeiture of allowances and pay and 6 months of confinement.

An example of how this offense could be committed

Service members have rarely been charged with 'jumping from vessel into the water' and only a handful of cases are recorded. The point behind making a special provision for this offense in the UCMJ is the inherent danger associated with the act.

Jumping from a height into water can cause grievous injuries. It has been said that when the body hits water from a height, it feels like you are hitting concrete. What happens is, when the body hits the water at an awkward angle, the water does not get displayed quickly enough and so it acts like a solid.

If an individual jumps feet first and hits the water improperly, he can suffer from hip or back injuries. If he hits the water head first, he can suffer head or neck injuries. Many people have suffered broken bones, internal bleeding, and even paralysis from jumping into water from heights. Some have even lost their lives.

Another reason why the act is punishable is because no reasons can justify why a soldier had to jump into the water, except when if there is a fire on the ship or it is going under because of damage. So it becomes a disciplinary issue. If a superior orders a soldier to jump into the water, then it is another case altogether and the case will be pursued appropriately.

If the service member jumps into the water of his own will and if the armed forces does not punish it, other soldiers may be motivated to do the same, leading to disastrous consequences. So this provision also discourages soldiers from copying such acts.

Let's see a case from 2012 involving a Colonel. The Colonel was charged with a number of offenses like sexual harassment, misusing official funds, falsifying records, bigamy and more. After his arrest, he was being transported by ship to give the prosecution more time to build the cases against him. He escaped from custody by killing the soldiers assigned to guard him and then violated Article 134 of the Manual for Court Martial, by jumping into the water to complete his escape. Luckily, he was caught. A court martial was convened to try the offenses against him and he is now awaiting sentencing.

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