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Aggravated Sexual Abuse Conviction Sends Mescalero Apache Man to Prison
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Aggravated Sexual Abuse Conviction Sends Mescalero Apache Man to Prison

ALBUQUERQUE – Elroy Duffy, 51, was sentenced to 103 months, or 8.5 years, in federal prison yesterday afternoon in federal court in Las Cruces, N.M., for his aggravated sexual abuse conviction.

Duffy, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was arrested in March 2013, on a criminal complaint charging him with forcing his girlfriend to engage in a sexual act on Oct. 14, 2012, in a location within the Mescalero Apache Reservation.

Duffy has been in federal custody since his arrest. Prior to his arrest on the federal complaint, Duffy was arrested on related tribal charges on Oct. 18, 2012, and subsequently entered a no contest plea to the tribal charges and was sentenced to 180 days in jail. He was transferred to federal custody after completing his tribal sentence.

On Aug. 21, 2013, Duffy entered a guilty plea to a felony information charging him with aggravated sexual abuse by force. In his plea agreement, Duffy admitted forcing the victim to engage in a sexual act on Oct. 14, 2012.

The case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

As part of his sentence, Duffy will be on supervised release for five years after he completes his prison sentence and will be required to register as a sex offender.

Acting U.S. Attorney Damon P. Martinez and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, announced the sentence, which is part of the federal initiative to address the epidemic incidence of violent crimes against Native women.