Herman Rios Jr. - U.S. Airforce - Convicted Sex Offender

Home > Sexual Crimes Against Children > Herman Rios Jr.

Name: Herman Rios Jr

Case: United States v. Rios No. 97-0543

Date Of Conviction: February 4, 1998

Plea: Not Guilty

Charges: Rape & Sodomy Of A Child

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

A military judge sitting as a general court-martial convicted appellant, contrary to his pleas, of rape, forcible sodomy, assault and battery, and committing indecent acts and liberties with a child. The victim of all the offenses was appellant’s 14-year-old stepdaughter, MR.

The adjudged and approved sentence provides for a dishonorable discharge, confinement for 18 years, and reduction to the lowest enlisted grade. The Court of Criminal Appeals slightly modified the conviction of assault and battery but otherwise affirmed the findings and the sentence.

On January 11, 1995, MR told one of her school teachers that she "want[ed] to file a report" against appellant for physically abusing her. MR was 14 years old at the time. On January 9 appellant had beaten her with a military web belt and buckle. MR was visibly bruised when she returned to school on January 11. MR then reported the beating incident to a school counseler and a school nurse and was taken to David Grant Medical Center at Travis Air Force Base, California.

MR testified that she was 15 years old at time of trial, having turned 15 in February 1995, shortly after the last alleged offenses. She testified that appellant first abused her when she was 12 years old by fondling and "french kissing" her. MR had a boyfriend, but both she and the boyfriend denied having sexual intercourse. MR testified that appellant shaved her pubic hair so that it would be easier for him to have intercourse with her.

MR testified that, on some occasions, appellant would invite her into his bedroom to watch pornographic videotapes. She identified a videotape labeled "15 shows 1 hour." She testified that appellant was naked while watching the videotape, and that he told her to remove her clothing. While watching the videotape, appellant expressed interest in performing the same acts as depicted on the videotape. MR identified a second videotape entitled "When Harry Wet Sally." She testified that, while watching the videotape, appellant sexually assaulted her. She testified that, on two other occasions, appellant sodomized her. MR testified that appellant had sexual intercourse with her on January 10, 1995, in his bedroom. She testified that, after the intercourse was completed, she wiped her vagina with a piece of toilet tissue, and appellant wiped his penis with the same piece of tissue.

A search of appellant’s home on January 11, 1995, resulted in the seizure of numerous items, including the two videotapes identified by MR and five pieces of toilet tissue found in the trash can in appellant’s bathroom. Serological examination of the toilet tissue revealed the presence of semen on three pieces of toilet tissue. DNA examination of the semen identified DNA profiles matching appellant’s on three pieces of tissue. One of the three pieces contained DNA matching both appellant and MR.

While incarcerated, Mr. Rios has been found guilty of several institutional offenses, including aggravated assault and maiming, as well as damaging and destroying property. These offenses resulted in his reclassification as a maximum custody inmate. While in maximum custody, Mr. Rios was charged and convicted of four additional offenses, the last of which occurred on December 13, 2000. Subsequently, it appears that Mr. Rios's behavior improved, and on July 9, 2001, prison officials reclassified him as a medium custody inmate.