The above video was produced by The Salty Soldier with images and documents obtained from the US Army
A US Army sergeant stationed in Germany was found guilty during a court-martial just over a month ago.
Sergeant Tulga Tolya, assigned to Bravo Company, Troop Command, Landstuhl Regional Medical Center was accused of sexually assaulting a woman at a party in January of this year.
He was at the party with his wife, another female couple, and a female friend of theirs during the early morning hours of January 27th when the assault occurred.
According to the Army, Tulga penetrated the “vulva” of one of the married women at the party with his finger for his own sexual gratification.
Authorities stated everyone at the party was believed to be under the influence of alcohol but the victim said she never gave him consent.
When Military police arrived at around 5:00 AM, the officer determined everyone was too intoxicated to provide written statements.
The next day, the victim told Army Criminal Investigation Division (CID) agents she had been sexually assaulted by Tolya.
She said she had six to eight shots of Fireball Whisky before Sergeant Tolya arrived at the party but wasn’t able to define a measurement of a shot because she was drinking directly from the bottle.
When asked, she estimated she had about 10-20 shots during the night of the party and admits her memory of the events and what was discussed was very poor.
She was told that while she was passed out on the floor, Tolya laid halfway on her but she does not remember how she ended up on the floor.
“I don’t know why everything else is fuzzy, but this part I remember in detail,” she told the CID agents.
“No stop, we shouldn’t be doing this, my wife is right there on the couch,” she told the agents she remembered saying to Tolya.
Her wife was allegedly sleeping on a couch near them at the time of the assault.
“His fingers were inside me, I didn’t want this,” she told the CID agents.
She said she began to cry after he put his fingers inside of her and told him to stop more than once but he refused.
According to her statements, Tolya’s assault only stopped after she was pulled away from him by an unnamed person at the party.
During a different interview with CID agents, a few days later, she said she only had four shots of Fireball before Tolya and his wife arrived. After their arrival, during the party, she said she had three more shots of Fireball, a beer, and a shot of Jagermeister.
Army CID agents were able to collect DNA samples from the victim’s body and her underwear. Samples from the front and waistband of the victim’s underwear found a mixture of four individuals’ DNA, including Sergeant Tolya.
The sample from the inside back of her underwear contained DNA from too many donors to be interpreted.
Tolya’s defense argued the results should not be presented in court due to her underwear being packaged with her jeans when collected as evidence.
During Sergeant Tolya’s trial, his defense also attempted to block statements made about his behavior when drinking but they were approved for use.
One of the statements introduced to the court was made by him to an unidentified person, possibly the victim.
When asked if he wanted a drink, he said I don’t want a drink “but I’ll take that p**sy,” according to Army court records obtained by The Salty Soldier.
He added he would get her a drink if she would put those things away, referring to her breasts.
The prosecution introduced the statements to show he had intent in his actions and they were not an accident.
Toyla was charged with violating two specifications of Article 120 of the Uniform Code of Military Justice (UCMJ).
Article 120 prohibits the following non-consensual sexual conduct: rape, sexual assault, aggravated sexual contact, and abusive sexual contact.
During the court-martial on August 28, he was convicted of violating two specifications of Article 128, which covers assault, aggravated assault, and assault with the intent to commit specific offenses.
He was ordered to be confined for six months for each specification and ordered to serve them consecutively.
He was also given a bad conduct discharge.
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