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U.S. Marine Sentenced to Jail in Okinawa
Herald-Tribune ^ | September 11. 2003 10:13PM | The Associated Press

Posted on 09/11/2003 8:11:30 PM PDT by yonif

A Japanese court on Friday convicted a U.S. Marine of raping a Japanese woman on the southern island of Okinawa and sentenced him to 3 1/2 years in prison, a court official said.

In its ruling, the Okinawa District Court found Marine Lance Cpl. Jose W. Torres guilty of beating and raping the woman, said court spokesman Nobuyuki Yokota.

It wasn't immediately clear if Torres would contest the sentence with an appeal to a higher court.

Torres, whose hometown has not been released by the U.S. military, pleaded guilty to the charge at the outset of his trial in July. Prosecutors had sought a five-year prison sentence for him.

Torres, 21, was stationed at Camp Hansen in the town of Kin on Okinawa. He was accused of raping a 19-year-old Japanese woman on May 25 after punching her and breaking her nose.

Crimes involving American troops are a sensitive issue on Okinawa, where a heavy U.S. military presence long has caused friction with residents. Following Tokyo's request, U.S. military authorities handed over custody of Torres to local police before he was formally charged - only the second time U.S. officials have agreed to do so - in an apparent move to head off anger over the incident.

Okinawa is about 1,000 miles southwest of Tokyo.


TOPICS: Breaking News; Crime/Corruption; Foreign Affairs; Front Page News; Japan; News/Current Events
KEYWORDS: crime; japan; marine; marines; okinawa; rape
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1 posted on 09/11/2003 8:11:31 PM PDT by yonif
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To: AmericanInTokyo
Ping.
2 posted on 09/11/2003 8:11:41 PM PDT by yonif ("If I Forget Thee, O Jerusalem, Let My Right Hand Wither" - Psalms 137:5)
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To: yonif
Light sentence.
3 posted on 09/11/2003 8:31:07 PM PDT by happygrl
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To: yonif
Dont worry if you think it was a light sentence. The military still has a right to try him under the UCMJ and he will get 20 years hard labor for forcible rape and maybe even life imprisonment.
4 posted on 09/11/2003 8:34:20 PM PDT by ColdSteelTalon
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To: ColdSteelTalon
I agree...We're talking about the MARINES who tend to issue LONG and HARSH jail terms for their men. And why not? Marines are supposed to be the frontline protectors and repping the USA. Bad men give the Marines a bad name.
5 posted on 09/11/2003 8:36:35 PM PDT by cyborg (and you thought I was just joking about the tinfoil hat)
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To: yonif
I don't think Japanese prisons are like ours, beatings, and other forms of punishment. He might not make it out alive. The jerk.
6 posted on 09/11/2003 8:38:20 PM PDT by MontanaBeth (Born Conservative)
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To: happygrl
he would get the same over here too... but he will pee his pants when they turn him over to the Marines.
7 posted on 09/11/2003 8:38:27 PM PDT by cyborg (and you thought I was just joking about the tinfoil hat)
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Comment #8 Removed by Moderator

To: pole
What happen to his Constitution RIGHTS?

What rights? According to the Status of Forces Agreement (SOFA) with Japan - they get FIRST SHOT at him...

THEN... the USMJ takes care of him.

To those who think 3 1/2 is easy --- you haven't met a JP (Japanes Police) up close & personal yet!

.
9 posted on 09/11/2003 9:13:36 PM PDT by steplock (www.FOCUS.GOHOTSPRINGS.com)
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To: pole
He has the right to go to jail and he is exercizing that right.
10 posted on 09/11/2003 9:17:00 PM PDT by Consort
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To: yonif
If he did it beyond a reasonable doubt, send him to the slammer making little ones out of big ones.
11 posted on 09/11/2003 9:29:43 PM PDT by RLK
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To: steplock
To those who think 3 1/2 is easy --- you haven't met a JP(Japanese Police) up close & personal yet!

Spent 16 years Active Duty Navy in Japan and truer words have never been spoken. No such thing as police brutality there. They've been having these rape cases far to often down in Okinawa, all it's done is give the US a black eye. No wonder they want us out of Okinawa and in particular the Marines.

12 posted on 09/11/2003 9:30:53 PM PDT by Terp (Retired US Navy now living in Philippines were the Moutains meet the Sea in the Land of Smiles)
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To: pole
"What happen to his Constitution RIGHTS?"

Still very much intact, as long as he chooses to beat and rape women in America, instead.

When he commits a crime in a foreign country, he has the right to be tried under their laws, just as we try foreign criminals under our system.

As a member of the U.S. armed forces, he is also bound by the Uniform Code of Military Justice (UCMJ). That nifty little document constitutes an additional set of laws under which military members may be tried.

Battery and rape are violations of both Japanese law and the UCMJ. Each represents a different jurisdiction, so the Marines will have their say in the matter after the Japanese authorities get done with him.

In addition to being subject to prosecution for these crimes under the UCMJ, LCPL Torres will also be guilty of unauthorized absence for three and a half years, because the Marine Corps is not in the habit of authorizing its members to leave their assigned units to serve prison sentences.

This guy knew that full well, because this knowledge is imparted upon enlistment and expanded upon during boot camp. And this idiot was stupid enough to do this anyway.

Believe me, he'll miss the hospitality and compassion of the Japanese after the Marines get through with him, because he has soiled the reputation of the entire Marine Corps. They are not happy with this guy, you can be sure. I have taken screw-ups to the brig before, and so far, I haven't had anyone tell me they enjoyed their stay.

It starts with a full cavity search and goes downhill from there.

13 posted on 09/11/2003 9:57:42 PM PDT by Imal (The World According to Imal: http://imal.blogspot.com)
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Comment #14 Removed by Moderator

To: ColdSteelTalon
Double Jepardy? Are you sure they can try him twice?

From the UCMJ: "844. ART. 44. FORMER JEOPARDY (a) No person may, without his consent, be tried a second time for the same offense. (b) No proceeding in which the accused has been found guilty by court- martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed. (c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.

15 posted on 09/11/2003 10:59:23 PM PDT by bicycle thug (Fortia facere et pati Americanum est.)
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To: ColdSteelTalon
UCMJ on rape:

"920. ART. 120. RAPE AND CARNAL KNOWLEDGE (a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct. (b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct. (c) Penetration, however slight, is sufficient to complete either of these offenses. "

16 posted on 09/11/2003 11:08:25 PM PDT by bicycle thug (Fortia facere et pati Americanum est.)
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To: pole
The Uniform Code of Military Justice is a a part of the United States Code, specifically TITLE 10, Subtitle A, PART II, CHAPTER 47. As indicated, it is binding upon all members of the the United States armed forces.

The following excerpts are current and applicable in this case:


802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER

 (a) The following persons are subject to this chapter:

803. ART. 3. JURISDICTION TO TRY CERTAIN PERSONNEL

 (a) Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status.

928. ART. 128. ASSAULT

 (a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

920. ART. 120. RAPE AND CARNAL KNOWLEDGE

 (a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.


LCPL Torres screwed up big time. Although he is unlikely to be sentenced to death, he is very likely to wish he had been, when all is said and done.

17 posted on 09/11/2003 11:23:10 PM PDT by Imal (The World According to Imal: http://imal.blogspot.com)
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To: yonif
Hang the little bastard.
18 posted on 09/11/2003 11:24:42 PM PDT by Porterville (I spell stuff wrong sometimes, get over yourself, you're not that great.)
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To: bicycle thug
"Double Jepardy? Are you sure they can try him twice?"

It's not double jeopardy because it is a trial under a different code of law, and considered a separate offense. This is done quite often in even the most innocuous of cases, if commanders and military prosecutors decide it is appropriate.

Many have tried to argue that this is double jeopardy in the past, and no one has succeeded in winning an appeal or acquittal on such grounds.

19 posted on 09/11/2003 11:28:45 PM PDT by Imal (The World According to Imal: http://imal.blogspot.com)
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To: Imal
Thanks, you confirmed my findings:

"An Open Discussion of the Uniform Code of Military Justice

1) the military member would be tried in a civilian court, if convicted he/she would then be discharged from the service under less than honorable conditions. In answer to your question though the order of precedence would under most circumstances be 1) Federal (civilian/military), 2. State, then local.

2) if at the time of the crime, both civilian and military charges were filed. That can happen because the military considers it's service members as "Government Property" and no it is not Double Jeopardy - being tried for the same crime twice. The military always maintains jurisdiction over a servicemember - no matter where the crime was committed.

In most cases, that I saw in my limited experience, if the civilian court got a conviction then the military would - in most cases do nothing. However, I did see one where the member was convicted in civilian court - did time - then was tried for Absence without Leave (AWOL) after he was returned to military custody."


20 posted on 09/11/2003 11:41:35 PM PDT by bicycle thug (Fortia facere et pati Americanum est.)
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