Name: Andrew L. Arruza
Case: U.S. v. Arruza No. No. 88-839
Date Of Conviction: July 18, 1988
Plea: Not Guilty
Charges: Indecent Liberties With A 6 Year Old Child
Military Branch: U.S. Marine Corps
Listed In National Sex Offenders Registry? NO
Petitioner, a member of the United States Army, was convicted by a general court-martial at Mainz-Gonsenheim in West Germany on two specifications of taking indecent liberties with a female under the age of 16, in violation of Article 134 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 934.
He was sentenced to confinement for five years, dismissal from the service, and forfeiture of pay. The convening authority approved the findings and sentence. The Army Court of Military Review affirmed the findings and sentence. The Court of Military Appeals affirmed.
Petitioner, an officer and a military chaplain, was charged with taking indecent liberties with a six-year-old girl on two occasions between December 29, 1982, and May 20, 1983. His victim was the daughter of an Army sergeant whom petitioner had been seeing socially.
In this case the victim testified under oath during an Article 32 hearing. Victim said that she was seven years old and knew that it was wrong to lie.. She testified that she went to petitioner's apartment with her mother on several occasions.
During one of their visits, victim's mother left victim alone with petitioner. While her mother was gone, petitioner took victim into the bedroom, placed her on the bed, and sexually assaulted her. Victim further stated that the petitioner kissed her and engaged in other sexual acts with her, probably on more than six occasions.
Specific acts and durations are mentioned in the offcial court record.
The judgment of the Court of Military Appeals was entered on July 18, 1988. A petition for reconsideration was denied on September 22, 1988. Pet. App. 26a. The petition for a writ of certiorari was filed on November 21, 1988. The jurisdiction of this Court is invoked under 28 U.S.C. 1259(3)(Supp. IV 1986).
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Andrew L. Arruza
Senior Airman U.S. Airforce
Convicted Sex Offender
Indecent Liberties With A 6 Year Old Child
