Name: Sarveswara R. Cherukuri AKA Dr. Sarveswara Cherukuri, MD
Case: U.S. v. Cherukuri No. 99-0511
Date Of Appeal: December 16, 1999
Plea: Not Guilty
Charges: Indecent Assault
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? Yes Michigan
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Sarveswara Rao Cherukuri
Lieutenant Colonel U.S. Army
Convicted Sex Offender
Indecent Assault
Rose Barracks, Vilseck, Germany, between on or about 21 May 1996 and on or about 29 May 1996, take advantage of the trust placed in him as a medical doctor to indecently assault Mrs. [JLP], Mrs. [GAP], Mrs. [DKR], and Ms. [RMM], to the disgrace of the armed forces.
During the fall of 1996, appellant was tried by a general court-martial composed of officer members at Wuerzburg, Germany. Contrary to his pleas, he was found guilty of four specifications of service disorders or discredits by indecently assaulting four different women in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. In addition, contrary to his pleas, he was found guilty of a single specification of conduct unbecoming an officer by abusing his position as a medical doctor to indecently assault the same four women, in violation of Article 133, UCMJ, 10 USC § 933.
On October 23, 1996, he was sentenced to dismissal, 2 years’ confinement, and total forfeitures. On February 21, 1997, the convening authority approved the sentence in this case. On December 25, 1998, the Court of Criminal Appeals affirmed the findings and sentence in an unpublished opinion.
Concerning the specifics of the allegations, the evidence showed that between 21 and 29 May 1996, appellant examined four women, all dependents of enlisted military members. The medical complaints of these women involved a sore throat, a urinary tract infection, headaches, and stomach distress. Appellant never used a chaperone and always closed and locked the door to the examining room after the women entered. In two cases, he was reported to have "pressed" his body against the patient's in ways that made them feel uncomfortable. In each case, appellant requested that the women perform acts, which while purporting to further his medical examination, also facilitated access to the women for the purpose of touching or foundling their breasts. Specifically, two patients were asked to lift up their outer garments so that their brassier[e] clad breasts became exposed. Another patient was asked to unfasten her brassier[e] after appellant had lifted her shirt and stared at her breasts "for what appeared to be a pretty long time."
Appellant also induced two of the women to lay down on the examining table, ostensibly for examinations relating to their specific complaints. In the case of Mrs. JLP, he then pinned her hand between his groin area and the table as he examined her. When she attempted to terminate this contact, appellant placed her hand back on his erect penis.
In the case of Mrs. DKR, she complied with appellant’s request that she lift her windbreaker above her bosom while remaining prone on the table. Thereafter, "he leaned over and grabbed the front of [her] sports bra . . . and pulled it up," and subsequently commented on her "nice tan."
Ultimately, each patient "examination" led to appellant’s placing of his stethoscope on the patient’s breast(s) and then touching or manipulating the breast with the same hand. In the case of Mrs. DKR, he did this twice. While his use of a stethoscope was consistent with checking for heart and lung functions, the necessity of these "checks" was not obvious and was never explained to the patients.
Contrary to his please, appellant was found guilty of the following Charges and specifications:
Charge I: Violation of the UCMJ, Article 134.
Specification 2: In that [Lieutenant Colonel] Sarveswara R. Cherukuri, U.S. Army, did, at or near Rose Barracks, Vilseck, Germany, on or about 22 May 1996, commit an indecent assault upon Mrs. [JLP] a person not his wife by offensively touching her breast and placing her hand on his genitalia, with intent to gratify his sexual desires.
Specification 3: In that [Lieutenant Colonel] Sarveswara R. Cherukuri, U.S. Army, did, at or near Rose Barracks, Vilseck, Germany, on or about 23 May 1996, commit an indecent assault upon Mrs. [GAP], a person not his wife by offensively touching her breasts, with intent to gratify his sexual desires.
Specification 4: In that [Lieutenant Colonel] Sarveswara R. Cherukuri, U.S. Army, did, at or near Rose Barracks, Vilseck, Germany, on or about 23 May 1996, commit an indecent assault upon Mrs. [DKR], a person not his wife by offensively grabbing her breasts, with intent to gratify his sexual desires.
Specification 6: In that [Lieutenant Colonel] Sarveswara R. Cherukuri, U.S. Army, did, at or near Rose Barracks, Vilseck, Germany, on or about 29 May 1996, commit an indecent assault upon Ms. [RMM], a person not his wife by offensively touching her breasts, with intent to gratify his sexual desires.
Charge II: Violation of UCMJ, Article 133.
Specification: In that [Lieutenant Colonel] Sarveswara R. Cherukuri, U.S. Army, did, at or near Rose Barracks, Vilseck, Germany, between on or about 21 May 1996 and on or about 29 May 1996, take advantage of the trust placed in him as a medical doctor to indecently assault Mrs. [JLP], Mrs. [GAP], Mrs. [DKR], and Ms. [RMM], to the disgrace of the armed forces.
