Name: Aaron T. Ruggs
Case: United States v. Ruggs No. NMCCA 200301267
Date Of Conviction: January 24, 2002
Plea: Not Guilty
Charges: Sodomy Of A Child
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? YES - Here
The appellant entered pleas of not guilty to forcible sodomy with a child under 16 years of age and indecent assault on a child under 16 years of age in violation of Article 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934. He entered a plea of guilty to a lesser-included-offense of sodomy with a child under 16 year of age in violation of Article 125, UCMJ. A military judge sitting as a general court-martial convicted the appellant, as charged, of forcible sodomy with a child under 16 years of age and indecent assault on a child under 16 years of age in violation of Articles 125 and 134, UCMJ.
The military judge sentenced the appellant to a dishonorable discharge, confinement for 6 years, and reduction to pay grade E-1. There was no pretrial agreement. The convening authority approved the sentence as adjudged.
The appellant, a 26-year-old Navy petty officer, resided with his wife and son in the same neighborhood with the victim, J, a 14-year-old dependent residing with her parents. J routinely babysat for the appellant and his wife.
On 6 September 2001, a school day, J remained at home alone because she was not yet enrolled in school. The appellant, who was aware that she was home alone, came to her house on his way home for lunch and asked J about babysitting for him. Although the appellant's providence and J's testimony disagree as to when she was to babysat, there is no disagreement that he asked her to come to his residence at that time.
The appellant admitted during providence that he kissed J, fondled and sucked on her breasts, and had anal intercourse with her at his residence. He stated during providence that these acts were all consensual.
J testified that she went to the appellant's house and found him home alone. According to her testimony, the appellant made advances toward her, which she rebuffed. She testified that he tried to kiss her, pulled her down onto him on the couch, and fondled and sucked on her breasts. J testified that the appellant pushed her into a bedroom, forced her face-down on the bed, pulled her pants down, and forcibly sodomized her.
J returned to her house, hid in a closet, and placed a hysterical telephone call to her mother at work, telling her what had occurred. The police and an ambulance were called and responded. J was crying and barely able to speak. J was transported to the hospital, treated, and released. J suffered a tear to her rectum, but had no other apparent physical injuries.
After reviewing the entire record, we find that the sentence, including a dishonorable discharge, is appropriate for this offender and his offenses. United States v. Healy, 26 M.J. 394, 395 (C.M.A. 1988); United States v. Snelling, 14 M.J. 267, 268 (C.M.A. 1982). The appellant was found guilty of forcible sodomy of a child under the age of 16 years of age and indecent assault on a child under 16 years of age. Such serious criminal conduct is deserving of such a severe punishment.
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Aaron T. Ruggs
U.S. Navy
Convicted Sex Offender
Sodomy Of A Child Under 16
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Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
