Pedro A. Tollinchi Sergeant U.S. Marine Corps Convicted Sex Offender Rape Sodomy Indecent Assault

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Name: Pedro A. Tollinchi

Case: United States v. Pedro A. Tollinchi No. 99-0965

Date Of Conviction: 1998

Argued April 5, 2000

Decided September 11, 2000

Plea: Not Guilty

Charges: Rape, Sodomy, Incedecent Assault

Military Branch: U.S. Marine Corp

Listed In National Sex Offenders Registry? NO

A general court-martial composed of officer and enlisted members convicted appellant, contrary to his pleas, of attempted sodomy, violating a general order (2 specifications), rape, sodomy, indecent assault (2 specifications), and adultery, in violation of Articles 80, 92, 120, 125, and 134, Uniform Code of Military Justice, 10 USC §§ 880, 892, 920, 925, and 934, respectively. The approved sentence provides for a dishonorable discharge, confinement for 5 years, total forfeitures, and reduction to the lowest enlisted grade. The Court of Criminal Appeals affirmed the findings and sentence. 50 MJ 874 (1999).

Appellant, a Marine Corps recruiter, persuaded NF, a high school student, to enlist in the Marine Corps. After NF successfully completed the qualification testing required for enlistment, appellant told him that he had done well and that the two should meet to discuss the test later that day. NF and his then girlfriend, 17-year-old EH, both went to appellant's office. Appellant drove the couple back to NF's house so that his parents could sign parental consent forms allowing NF to join the Marine Corps.

After 30 to 45 minutes at NF's house, appellant drove EH and NF back to the recruiting office. NF thought they were returning to fill out more paper work. EH thought they were all going out for dinner.

At the recruiting office, appellant produced a bottle of liquor and suggested that the three of them have a drink to celebrate NF's enlistment and high test score. Appellant continued to "toast" NF and persuaded NF and EH to take several more drinks, until both were intoxicated. Appellant then told EH that she should kiss NF to celebrate. She gave NF a "tap kiss," but appellant encouraged her to "give him a real kiss." They kissed each other more passionately. Appellant then encouraged them to "[g]o ahead, just get into it."

Extensive sexual intercourse details are then outlined.

EH testified that she was drunk and afraid, but that she did not tell appellant he could have intercourse with her. On cross-examination, she testified that she did not tell appellant "no" when he penetrated her.

Appellant testified in his defense and denied that the incident happened.

The decision of the United States Navy-Marine Corps Court of Criminal Appeals with respect to the findings of guilty of Charge I and its specification (attempted sodomy), Charge II and its specifications (violations of a general order), Charge IV and its specification (sodomy), and Charge V and its specifications (indecent assault and adultery) is affirmed. Only so much of the decision with respect to Charge III and its specification (rape) is affirmed as finds the evidence legally and factually sufficient to support a finding of guilty of the lesser-included offense of indecent acts, in violation of Article 134. The sentence is set aside. A rehearing on sentence is authorized.