Name: Marcus W. Stephens
Case: United States v. Stephens No. 08-0589/AF
Date Of Appeal: January 12, 2009
Plea: Not Guilty
Charges: Indecent Acts With A Child
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? YES
Appellant, a twenty-one-year-old staff sergeant (E-5) was charged with inappropriately touching his thirteen-year-old cousin by marriage on two occasions at family parties, once in December 2003 and the other in August 2004.
The appellant was charged with committing several sexual offenses against hisyoung cousin-by-marriage, BU. The acts allegedly occurred on two separate occasions,in December 2003 and August 2004. He was acquitted of the charged acts relating to theearlier date but convicted of acts which occurred in August 2004. At that time, BU was13 years old.
In August 2004, the appellant attended a get-together at his grandparent's farm inGilmer, Texas. According to BU, the appellant invited her to accompany him on a walkto shoot his gun and walk to a creek located approximately a quarter of a mile from thehouse.
BU testified the appellant stopped and initiated sexual contact with her severaltimes during their walk. The sexual contact increased at each stop and culminated behinda barn near the house, where she stated the appellant pulled down her pants andunderwear and performed various sexual acts upon her. According to BU, she started tocry and told the appellant she was scared. He told her he would not do anything moreand would wait until a later time before going any further.
Appellant pled not guilty to carnal knowledge, sodomy, and indecent acts. Articles 120, 125, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 920, 925, 934 (2000).
A general court-martial with members convicted him of attempted carnal knowledge, attempted sodomy, and indecent acts, all in August 2004. Article 80, UCMJ, 10 U.S.C. §§ 880 (2000); Article 134, UCMJ. He was acquitted of the sole specification (indecent acts) that was alleged to have occurred in December 2003.
The convening authority approved the adjudged sentence to a dishonorable discharge, confinement for three years, forfeiture of all pay and allowances, and reduction to the lowest enlisted grade. The United States Air Force Court of Criminal Appeals affirmed.
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Marcus W. Stephens
Staff Sergeant U.S. Air Force
Indecent Acts With A Child
