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two women sue navy, marine corp in recruiter rape

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What is the name of your state?



SAN FRANCISCO _ Two women who claim two former U.S. Marine Corps sergeants raped them in a recruiting office sued the military Wednesday.

The lawsuit names the Navy and the Marine Corps, which is under Navy jurisdiction, and the two recruiters as defendants. It seeks unspecified damages and an injunction requiring the military to train and supervise recruiters, among other things.

The women were in high school when the alleged rapes occurred, according to the lawsuit. The recruiters, Joseph Dunzweiler and Brian Fukushima, were fined and demoted last year after court-martial proceedings but were acquitted of the most serious charges.

The plaintiffs sued under the names Jane Doe and Mary Roe to protect their privacy.

Doe believed Dunzweiler would prevent her from joining the Marines if she didn't have sex with him, according to the lawsuit. She said she contracted a sexually transmitted disease during their encounter in the Ukiah recruiting office.

Roe said Fukushima raped her during a sleepover at the office, according to court documents. She said she was drunk and could not resist his advances.

Dunzweiler was acquitted of charges he coerced Doe into having sex with him. He was convicted of five lesser charges, including having sex with another potential recruit, providing alcohol to recruits, lying to Marine investigators and asking others to lie for him. His rank was reduced from staff sergeant to corporal and he was fined $1,300.

Fukushima was convicted of sexual misconduct, adultery and asking a recruit to lie to investigators. He was demoted from sergeant to corporal and received a $1,000 fine.

Both men have since been discharged from the military, according to Marine spokesman Maj. Joe Kloppel. Kloppel said he could not reveal the type of discharge for privacy reasons, but cited the mens' courts-martial and discharges as evidence the Marine Corps doesn't "tolerate this type of behavior."


This guy raped a women and he got smacked w/ a grand fine and demotion.

WTF?
 


Ohiogal

Queen Bee
Now now. It wasn't proved that he raped the woman. It was only alleged. He was convicted of plying them with alcohol and other bad things.
 
T

thepizzaguy

Guest
It does surprise me that they did not have to do any brig time for the crimes they where convicted of at court martial.
 

rmet4nzkx

Senior Member
thepizzaguy said:
It does surprise me that they did not have to do any brig time for the crimes they where convicted of at court martial.
They were confined 1 month each, a fairly light sentence considering. Actually given how light the sentence was, they can also be tried for criminal and civil under the theory of dual soverignty. It will depend on how old the women were at the time of the rapes as to whether it is statatory rape eg sexual assult, however since the legal age for alcohol consumption in California is 21, they may still be in for more, it will be interesting to see what the Mendecino DA plans to do.
 

fozzy2

Member
Of course, this suit is against the DON and not the recruiters. The military had better hope that those guys don't have a record or indications of behavior like that. One would think not, since recruiters are supposedly screened, but you never know.....
 

rmet4nzkx

Senior Member
fozzy2 said:
Of course, this suit is against the DON and not the recruiters. The military had better hope that those guys don't have a record or indications of behavior like that. One would think not, since recruiters are supposedly screened, but you never know.....
Because of dual sovereignty doctrine, lawsuits are allowed in different venues/jurisdictions, and it is not double jeopardy
http://supreme.lp.findlaw.com/constitution/amendment05/02.html This current lawsuit against the DON would apparently be filed in Federal court and does not represent double jeopardy because it is against the DON, however as stated before, both civil and criminal actions may be brought as well against the 3 recruiters, Joseph Dunzweiler, Brian Fukushima who are the subject of this lawsuit and William McFarland who plead guilty. Under California both sexual assult which may or not include one of 3 forms of intercourse, and providing alcohol to a minor and in one case to a 17 yo who is below the age on consent are far more serious charges than they faced in the CM. These further acitons could be brought in Mendicino, Sonoma and or Marin Counties, although Sonoma county could be used since the recruiters were based out of Sonoma County.

Here is a link to the story following the CM's http://cbs5.com/local/local_story_280123910.html
 
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