Friday, April 26, 2013

Female Marine Convicted of Falsely Reporting Rape

CAMP PENDLETON, Calif. -- A Camp Pendleton Marine who said she was raped has been found guilty in a military court of obstructing justice and attempted adultery.

U-T San Diego ( says the woman, a staff sergeant whose name is being withheld, was convicted Wednesday by a military judge, who did not explain his reasoning.

The woman and another Marine both said they'd had sex in a hotel room last year. But the woman said she'd been too drunk to consent, a statement prosecutors regarded as false. The other Marine said he didn't know she was married and didn't appear overly intoxicated.

The woman's husband reported the encounter.

She is scheduled to be sentenced Thursday and could get a year in jail, reduction of rank to private, loss of pay and dishonorable discharge.


A previous story was reported here:

She did not allege that she was sexually assaulted until after she learned she would be tried for adultery, according to court testimony.

A female Marine who says she was raped by a Marine in her squadron after a night of drinking is being tried at Camp Pendleton by special court martial for adultery, making false statements and impeding an investigation, it was reported Tuesday.

The woman, whose identity was withheld, and her alleged rapist are both staff sergeants who were assigned to Marine Aviation Logistics Squadron 39 at Camp Pendleton in March 2012, when they had sex in a hotel room after several hours of drinking, according to U-T San Diego.

She pleaded not guilty on Monday, the newspaper reported, noting that she faced up to a year in jail, forfeiture of pay and a dishonorable discharge if convicted.

"The command does take sexual assault with the utmost gravity, and has decided to pursue this route to ensure that the sexual assault response process remains effective and maintains integrity for victims," a 3rd Marine Aircraft Wing spokesman, 1st Lt. Tyler Balzer, told U-T San Diego.

The woman's husband of 17 years -- another Marine who works at Marine Corps Air Station Miramar -- reported the alleged rape to her command after she told him she had been acting strangely because she cheated on him. She did not allege that she was sexually assaulted until after she learned she would be tried for adultery, according to court testimony.

"I made a poor decision," the husband told U-T San Diego of his report to his wife's command. "I'm paying for it now and my wife is paying for it. ...I was spiteful and I was angry. I didn't have all the facts."

The defense has said the woman failed to immediately report the sexual assault because she didn't want to go through the trauma of what she thought would probably be a pointless investigation resulting in no punishment for her attacker.

The woman's alleged rapist has denied any wrongdoing, testifying in court that he didn't know she was married and that she didn't appear too drunk to consent to sex. His name was also withheld because he has not been charged with any crime