Name: Larry M. Pauly
U.S. V. Carey No. ACM36764
Date Of Conviction: November 19, 2005
Plea: Not Guilty
Charges: Rape and forcible sodomy of child under 16
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? No
The appellant was tried at Elmendorf Air Force Base, Alaska by a general court martial composed of a military judge. Contrary to his pleas, the appellant was found guilty of one specification of rape of a child under the age of 16 on divers occasions in violation of Article 120, UCMJ, 10U.S.C., 920; one specification of sodomy of a child under the age of 16 years by force and without her consent on divers occasions in violation of Article 125, UCMJ, 10 U.S. C., 925 and one specification of assault and battery by striking a child under the age of 16 years with an open hand on the face on divers occasions in violation of Article 128, UCMJ, 10 U.S.C, 928. He was acquitted of one specification of sodomy of a child under the age of 12 years and two specifications of committing indecent acts on a child under the age of 16 years.
The military judge sentences appellant to a dishonorable discharge, confinement for 17 yers, forfeiture of all pay and allowances, and reduction to E-1. The convening authority, after making provisions for monetary payments to the appellant's wife, approved the sentence as adjudged.
Lp testified that she was subjected to numerous instances of sexual abuse between 2000 and 2004. These acts began shortly after LP reached puberty at approximately 10 years of age. LP testified that her father would sometimes strike her with his open hand during the sexual acts and, at other times, as a form of corporal punishment.
Note
DNA testing in the case was used to confirm that spermatozoa found on the front of LP's jeans was a match to her father, with a possibility that somebody else provided the spermatozoa of 1 in 22 quintillion. A rape kit confirmed LP had been sexually exactly as she had testified.
Appellants's petition for a new trial is denied, the findings and sentence are affirmed. August 11, 2008.
The complete file in this case is here
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Larry M. Pauly
Technical Sergeant U.S. Air Force
Convicted Sex Offender
Rape And Forcible Sodomy Of A Child
