ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, April 19, 1997 TAG: 9704210061
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
DATELINE: ABERDEEN PROVING GROUND, MD.
Ruling hurts case of Staff Sgt. Delmar Simpson, part of Aberdeen sex scandal.
A military judge ruled Friday that drill sergeants have so much power over trainees that they don't need to use a weapon or threaten force to be found guilty of rape.
In a major setback for the defense in the court-martial of Staff Sgt. Delmar Simpson, the judge further stated that the women need not resist or object, either.
The judge, Col. Paul Johnston, refused to dismiss any of the 19 rape counts against Simpson, the first soldier to stand trial in the Aberdeen sex scandal.
Civilian defense attorney Frank Spinner angrily shouted at the judge that the ruling dilutes the definition of rape so that men cannot defend themselves against the charge.
``Do we have law that has become so paternalistic that now they don't even have to say no?'' Spinner asked. ``Are trainees so ignorant that they can't distinguish between a drill sergeant telling them to run up a hill or lie down on a bed?''
Simpson, 32, could get life in prison for a single rape conviction.
-ASSOCIATED PRESS
LENGTH: Short : 35 linesby CNB