military + prego = court martial

[RACER X]

http://www.cnn.com/2009/US/12/21/ira...ncy/index.html

Washington (CNN) -- A new order from the general in charge of U.S. troops northern Iraq makes getting pregnant or impregnating a fellow soldier an offense punishable by court-martial.

The directive, part of a larger order restricting the behavior of the 22,000 soldiers under Maj. Gen. Anthony Cucolo's command, is meant to prevent losing soldiers at a time when troop strength is stretched thin, Cucolo explained in a statement sent to the troops under his command and provided to CNN.

"I need every soldier I've got, especially since we are facing a drawdown of forces during our mission," Cucolo wrote. "Anyone who leaves this fight earlier than the expected 12-month deployment creates a burden on their teammates. Anyone who leaves this fight early because they made a personal choice that changed their medical status -- or contributes to doing that to another -- is not in keeping with a key element of our ethos."

The rule, enacted November 4, was first reported by Stars and Stripes, a military-focused publication. It prohibits "becoming nondeployable for reasons within the control of the soldier," which include "becoming pregnant, or impregnating a soldier ... resulting in the redeployment of the pregnant soldier."

Pregnancy that arises from sexual assault would not be punished, Cucolo said.

The directive applies to all military and civilians serving under Cucolo in northern Iraq, an area that includes Balad, Kirkuk, Tikrit, Mosul and Samarra, according to the Web site of Multi-National Force Iraq.

Of the 22,000 people under Cucolo's command, 1,682 are women.

Cucolo will decide what cases will be pursued.


"I am the only individual who passes judgment on these cases. I decide every case based on the unique facts of each soldier's situation," Cucolo wrote in his explanation of the new rules.

Cucolo said he considers his female soldiers "invaluable" and he wants to ensure they fulfill their deployments.

"I am responsible and accountable for the fighting ability of this outfit. I am going to do everything I can to keep my combat power -- and in the Army, combat power is the individual soldier," his statement said. "To this end, I made an existing policy stricter. I wanted to encourage my soldiers to think before they acted, and understand their behavior and actions have consequences -- all of their behavior."

In an e-mail to CNN, Cucolo stressed the rule "is just a small part of a general policy on behavior and actions," and is "lawful."

The memo outlines a long list of behaviors that are prohibited, from gambling and using drugs to behaviors that would offend Iraqis, such as entering a mosque or religious site unless "required by military necessity."

While the rules may seem unusual to some, they are not out of line with how the military regulates behavior to a much stricter degree than the general public is used to, said Eugene Fidell, who teaches military law at Yale University.

"Questions of personal autonomy play out differently in the military," Fidell said.

He said the purpose of the rule is mostly to have a "chilling effect" on behavior, but he doubts it would ever be fully prosecuted. If it were, however, it appears to be legal, he said.

"If push came to shove and there was prosecution, I think the rule would be upheld as a reasonable balance of the competing interests," he said.

It is not without precedent, Fidell said. During the Vietnam War, a female troop would be discharged for getting pregnant. That rule was challenged, but the government did not want to defend it at the time.

According to the explanation of the policy that was sent to all those affected, only a few cases have been considered for punishment under the new rules. Four soldiers have gotten pregnant since Cucolo took over command of northern Iraq operations at the beginning of November, he told CNN in an e-mail. Of the eight soldiers involved, none were court-martialed. Instead, all received a written reprimand, Cucolo said.

In one case, a male soldier received the "most severe punishment," according to the explanation sent to those serving in northern Iraq. Cucolo does not give any other details about the case except to say the soldier "committed adultery as well."

[Particle Man]

Someone correct me if I'm wrong but once you join the army you become a piece of equipment that's property of the US Government, right?

[karl_1052]

Originally Posted by RACER X

Pregnancy that arises from sexual assault would not be punished, Cucolo said.

How many false rape accusations are going to go around now?

[EpyonXero]

Sounds fair to me.

[Tmall]

Sounds fair, but I also agree with Karl.

[Trip]

Originally Posted by Particle Man

Someone correct me if I'm wrong but once you join the army you become a piece of equipment that's property of the US Government, right?

Pretty much, they volunteered for this, live with it. I think it is a fair rule. You aren't a soldier for peace time only. Too many people got use to that before Afghanistan.

[shmike]

Originally Posted by Tmall

Sounds fair, but I also agree with Karl.

Agreed.

[Cutty72]

Originally Posted by Particle Man

Someone correct me if I'm wrong but once you join the army you become a piece of equipment that's property of the US Government, right?

Correct, for the most part.

This really isn't something new. It is against the rules to have sexual relations while on deployment status.
This does even appy to married couples deployed together, but that is a very grey area that is usually able to slide.

[fatbuckRTO]

Originally Posted by Particle Man

Someone correct me if I'm wrong but once you join the army you become a piece of equipment that's property of the US Government, right?

In case you weren't joking or others actually believe this:

That is incorrect. It may seem like it at times because servicemembers are subject to the UCMJ and a butt ton of regulations that civilians are not, but you are not property. You are under a contract obligation to obey orders, which is not the same thing at all. Property has no rights, servicemembers do.

That said, making fucking a crime is well within the purview of a commanding general. It usually wouldn't fly anywhere but a war zone, but they have that authority. Given the logistics involved in redeploying someone who catches pregnancy or some other STD, it makes sense in this case.

[fatbuckRTO]

Originally Posted by karl_1052

How many false rape accusations are going to go around now?

Quite a few, probably, but there's an easy way to avoid that.