Beyond Asking and Telling: From Consensual Conduct to Violent Crime, the Risks Servicemembers Face and How to Protect Them
The path of military service is littered with many pitfalls for lesbian, gay and bisexual service members. Although most violations of the Homosexual Conduct Policy are dealt with administratively, criminal prosecutions still exist despite "Don't Ask, Don't Tell's" existence. This presentation will provide a brief overview of "Don't Ask, Don't Tell" and a much more detailed discussion of how "Don't Ask, Don't Tell" overlaps and interacts with the criminal justice system.
From service members who report being victims of sexual assault or domestic violence to those who are caught engaging in consensual sodomy, any number of circumstances may put LGB service members in contact with the criminal system. Even if that contact does not result in criminal conviction, it may lead quickly down the path of discharge ending a servicemember's career. Attorneys will take away numerous strategies for protecting LGB service members who must interact with the criminal justice system and hopefully preventing their clients from becoming victims of "Don't Ask, Don't Tell."
Continuing Legal Education (CLE) Materials:
10 USC 654 (DOC)
DoD Implementing Regulations HCP Administrative vs Criminal Procedures (DOC)
DoD I640006 Domestic Abuse (PDF)
MRE Rule 412 (PDF)
Marcum CAAF Decision 02-0944 (PDF)
Redacted Transactional Immunity Agreement (PDF)
Sexual Assault Prevent and Response Program Procedures June 2006 (PDF)
UCMJ Article 125 (PDF)
UCMJ Article 133 (PDF)
UCMJ Article 134 (PDF)
US v Wilcox (PDF)
Continuing Legal Education (CLE) Credit:
The above online course has been accredited in the following jurisdictions:
After viewing the video and jotting down the unique verification codes that appear sporadically throughout the video, you may apply for continuing legal education (CLE) credit by clicking on the appropriate state. The cost to receive a certificate of completion is $175 per course.
You will receive an email receipt of your purchase. Once the codes have been verified, LGBT Bar staff will email you a separate certificate of completion for the course you selected. Please allow 2-3 business days for the certificate to arrive.
If you have any questions, please do not hesitate to contact us.
