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Military judge denies motion to dismiss rape charges
April 18, 1997
Web posted at: 5:25 p.m. EDT (2125 GMT)ABERDEEN PROVING GROUND, Maryland (CNN) -- A military judge ruled Friday that a jury should consider rape charges against a drill sergeant who has sex with a subordinate, even if the woman does not resist or state her objections.
The judge, Col. Paul Johnston, issued his ruling in the case against Staff Sgt. Delmar Simpson, who faces 55 counts of sexual misconduct. The defense had sought dismissal of 17 charges.
Johnston said drill sergeants have so much power over trainees -- ordering them where to sleep and eat and how to act -- that they are like parents.
Because of that authority, drill instructors do not need to use a weapon or threaten trainees with harm to fit the definition of "constructive force" necessary for a rape conviction, Johnston said.
"They are conditioned to follow drill sergeants' orders," the judge said in his denial of a defense request to dismiss rape charges. "I think there is a sufficient body of law to find there is constructive force in this case."
Angered by Johnston's decision, defense attorney Frank Spinner argued that his client's 6-foot-4-inch frame and position of authority made it easy for prosecutors to claim he intimidated trainees.
"A woman in her own mind can think anything she wants and later claim it's rape. How is a man supposed to defend himself against that?" Spinner asked rhetorically. "Are the women so weak that they can't even open their mouths and say no?"
Six women testified this week that Simpson forced them, without using a weapon, to have sex with him. Defense lawyers argued that any threats were misguided or imagined.
The defense was expected to call its first witness later Friday.
Simpson, 32, has been charged with 19 counts of rape and 36 other counts including indecent exposure, battery and maltreatment involving 13 women. He has pleaded innocent to the charges, but guilty to 11 counts of improper sexual conduct with trainees.
Also Friday, Johnston granted a defense request to dismiss three lesser charges of indecency against Simpson, the first person to go to trial in the Aberdeen sex scandal.
Related stories:
- Sergeant's advances rebuffed, army women say - April 15, 1997
Related sites:
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- U.S. Army Press Release: Army investigates allegations of sexual misconduct and rape in training command
- Charges preferred in three cases
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