Samuel J. Southworth Seaman Apprentice U.S. Navy Convicted Sex Offender Rape Of Child Age 13

Home > Sexual Crimes Against Children > Samuel J. Southworth

Name: Samuel J. Southworth

Case: United States v. Southworth No. 97-1203

Date Of Arrest: August 7, 1995

Appeal Argued October 6, 1998

Appeal Decided March 24, 1999

Plea: Not Guilty

Charges: Indecent Assault, Rape, see others below

Military Branch: U.S. Navy

Listed In National Sex Offenders Registry? NO

A general court-martial composed of officer and enlisted members convicted appellant, contrary to his pleas, of willfully damaging military property of the United States, indecent assault, rape, drunk and disorderly conduct, and committing an indecent act, in violation of Articles 108, 120, and 134, Uniform Code of Military Justice, 10 USC §§ 908, 920, and 934, respectively. The adjudged and approved sentence provided for a dishonorable discharge, confinement for 8 years, total forfeitures, and reduction to the lowest enlisted grade.

The Court of Criminal Appeals set side the conviction of indecent assault, dismissed that specification, and reassessed the sentence, affirming only a dishonorable discharge, confinement for 6 years, total forfeitures, and reduction to the lowest enlisted grade.

The charges arose from appellant’s conduct during the weekend of August 5-7, 1995, and included two specifications of rape. The alleged victim of the first rape was a Navy enlisted woman, AL; the alleged victim of the second rape was a 13-year-old daughter of a Navy senior chief petty officer.

The incident involving AL occurred on Friday night, August 5. Appellant was drunk, loud, and belligerent when he returned to the barracks with two friends. He broke a mirror in the barracks hallway and then passed out, clad only in his underwear.

Appellant awakened and joined ongoing sexual activity among AL and four other sailors in a barracks room. AL was heavily intoxicated. Appellant was charged with raping AL, committing forcible sodomy with her, and committing indecent acts with her by engaging in vaginal and anal intercourse and fellatio.

The incident involving LP happened on Saturday, August 6. Appellant attended an outdoor festival where he met two friends, Seaman Apprentice Pace and Airman Mercado. Pace had become involved with LP, but after LP’s father complained to Pace’s command, Pace was ordered to stay away from LP. In spite of the no-contact order, Pace was with LP at the festival.

Appellant, Pace, Mercado, and LP spent about 2½ hours listening to music and drinking beer. LP and Pace testified that appellant and Mercado held LP down and poured beer down her throat. LP and Pace testified that, while appellant and Mercado were holding LP down, appellant grabbed her breast and tried to kiss her. LP responded by striking appellant in the groin. Appellant became angry and threatened LP with a knife.

LP testified that appellant grabbed her arm and led her into the storage shed. She testified that she did not want to go into a dark corner with appellant, and so she sat down near the entrance. Appellant grabbed her by both arms and pulled her into a corner, where he removed her shorts and underwear, pinned her hands over her head, and raped her.