Steven B. Thompson Staff Sergeant U. S. Army Convicted Sex OffenderAiding And Abetting Rape

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Name: Steven B. Thompson

Case: U.S. v. Thompson No. 98-0182

Date Of Appeal: November 5, 1998

Plea: Not Guilty

Charges: Aiding And Abetting Rape

Military Branch: U.S. Army

Listed In National Sex Offenders Registry? NO

On the afternoon of February 14, 1994, appellant and one of his friends, Sergeant (SGT) Holland, and the victim, Private First Class (PFC) K, who was then 20 years of age, were playing a drinking game in appellant’s barracks room. Appellant was the barracks supervisor that day. They all became intoxicated, but PFC K became especially intoxicated and passed out.

SGT Timmons, who was also a friend of appellant, arrived at appellant’s room during the drinking game. SGT Timmons testified that, while appellant was in the room, SGT Holland suggested to him that he have sex with PFC K. At that point, SGT Timmons looked at appellant, since he knew appellant and PFC K had previously engaged in "recreational" sex. According to SGT Timmons, appellant said and did nothing.

SGT Timmons then asked appellant if he could borrow a condom. According to SGT Timmons, appellant told him that he did not have any, so SGT Timmons had to get one from his own room. Appellant, in contrast, testified that he believed SGT Timmons was on his way to visit his own girlfriend, so he told Timmons to take one from his "shrunk" or "shrank."3/ Appellant then left the room to take a phone call, during which time SGT Timmons engaged in intercourse with the then-passed-out PFC K.

When appellant returned to his room, all had left. PFC K had become ill, and SGT Timmons had taken her to her room. An ambulance was called, and PFC K was taken to the hospital, where it was determined that her blood alcohol level was 0.383 grams of alcohol per 100 milliliters of blood. A government expert, Doctor Ryan, testified that blood alcohol levels of 0.4 "or higher [are] the most common area of lethality."

Later that evening, when SGT Timmons found out that he was being sought by authorities, he hid in his room. He also asked appellant to bring PFC Lewis to his room, since Lewis had seen Timmons with PFC K. In appellant’s presence, SGT Timmons asked Lewis not to mention his name or to state that he had seen them together.

Appellant then escorted Timmons to the Staff Duty Noncommissioned Officer (SDNCO). In appellant’s presence, SGT Timmons told the SDNCO that he did not know with whom PFC K had been partying, and that he had found her unconscious in the dayroom and taken her back to her room. During the questioning, appellant denied knowing PFC K, her age, or what had happened. At trial, he explained that he was afraid of potential disciplinary actions resulting from the events and his status as barracks supervisor.

In accordance with his pleas, appellant was convicted of making the false official statements and of violating a regulation by providing alcohol to someone under the legal drinking age. Contrary to his pleas, he was convicted of the rape by aiding and abetting, and of dereliction of duty for failing to ensure PFC K’s safety.

The evidence developed at trial clearly supports appellant’s conviction. First, appellant participated in getting PFC K intoxicated to such an extent that she passed out and was helpless to resist the intercourse. Second, there was evidence that appellant knew SGT Timmons was going to have intercourse with PFC K, and that he encouraged the rape by not dissuading Timmons when he looked to appellant for approval. Third, by his own admission, appellant provided SGT Timmons with a condom. Collectively, this evidence leads to the inescapable conclusion that appellant encouraged and assisted in the event. The Court of Criminal Appeals did not err when it concluded that the evidence was both factually and legally sufficient.